[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
[113rd Congress]
[House Document 112-161]
[Rules of the House of Representatives]
[Pages 691-745]
[From the U.S. Government Printing Office, www.gpo.gov]
Rule XVI
Motions
motions and amendments

902. Motions reduced to writing and entered on the
Journal.

1. Every motion entertained by the Speaker shall be reduced to
writing on the demand of a Member, Delegate, or Resident Commissioner
and, unless it is withdrawn the same day, shall be entered on the
Journal with the name of the Member, Delegate, or Resident Commissioner
offering it. A dilatory motion may not be entertained by the Speaker.

In 1880 the first sentence of this clause was composed of language
adopted in 1789 and 1806 (V, 5300). The last sentence of this clause
(formerly clause 10 of rule XVI) was adopted in 1890 (V, 5706) to make
permanent a principle already enunciated in a ruling of the Speaker, who
had declared that the ``object of a parliamentary body is action, and
not stoppage of action'' (V, 5713). When the House recodified its rules,
it consolidated clause 1 and former clause 10 of rule XVI under this
clause (H. Res. 5, Jan. 6, 1999, p. 47).
Because of this provision it has been held not in order to amend or
strike a Journal entry setting forth a motion exactly as made (IV, 2783,
2789). A motion not entertained is not entered on the Journal (IV, 2813,
2844-2846). See Sec. 71, supra, for discussion of Journal entries. Any
Member may demand that a motion, including the motion to adjourn, be
reduced to writing and in the proper form (Sept. 27, 1993, p. 22608;
Jan. 4, 1995, p. 509), and the demand may be initiated by the Chair
(July 24, 1986, p. 17641). Consistent with this clause, the chair of the
Committee of the Whole requires that each amendment be reduced to
writing (July 22, 1994, p. 17617). Although a motion to recommit is
properly presented in writing, no rule requires that the proponent
distribute copies on the floor (June 28, 2000, p. 12749).
[[Page 692]]
cised until the object of the dilatory motion ``becomes apparent to the
House'' (V, 5713, 5714). For example, the Chair has held that a
virtually consecutive invocation of former rule XXX (current clause 6 of
rule XVII), resulting in a second pair of votes on use of a chart and on
reconsideration thereof, was not dilatory under this provision (or
former clause 4(b) of rule XI (current clause 6(b) of rule XIII)) (July
31, 1996, p. 20700). Usually, but not always, the Speaker awaits a point
of order from the floor before acting (V, 5715-5722). The rule has been
applied to the motions to adjourn (V, 5721, 5731-5733; VIII, 2796,
2813), to reconsider (V, 5735; VIII, 2797, 2815, 2822), to fix the time
of five-minute debate in Committee of the Whole (V, 5734; VIII, 2817),
to lay on the table (VIII, 2816), and to the question of consideration
(V, 5731-5733). The point of no quorum also has been ruled out (V, 5724-
5730; VIII, 2801, 2808), and former clause 6 of rule XV (current clause
7 of rule XX) as adopted in the 93d Congress and as amended in the 95th
Congress prevents the making of a point of no quorum under certain
circumstances. A demand for tellers has been held dilatory (V, 5735,
5736; VIII, 2436, 2818-2821), but the constitutional right of the Member
to demand the yeas and nays may not be overruled (V, 5737; VIII, 3107).
For a ruling by Speaker Gillett construing dilatory motions, see VIII,
2804. For discussion of dilatory motions pending consideration of a
report from the Committee on Rules, see Sec. Sec. 857-858, supra.
Withdrawal

Sec. 903. Dilatory motions.

The Speaker has declined to
entertain debate or appeal on a question as to the dilatoriness of a
motion, because doing so would nullify the rule (V, 5731); but has
recognized that the authority conferred by the rule should not be exer

904. Stating and withdrawing of motions.

2. When a motion
is entertained, the Speaker shall state it or cause it to be read aloud
by the Clerk before it is debated. The motion then shall be in the
possession of the House but may be withdrawn at any time before a
decision or amendment thereon.

The provisions of this clause were adopted first in 1789. At that time
a second was required for every motion, but in practice this requirement
became obsolete very early, and it was dropped from the rule in 1880 (V,
5304). Clerical and stylistic changes were effected when the House
recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
47).
[[Page 693]]
The House always insists that the motion be stated or read before
debate shall begin (V, 4937, 4983) and the Clerk's reading may be
dispensed with only by unanimous consent (Dec. 15, 1975, p. 40671; see
also Sec. 432, supra). It is the duty of the Speaker to put the question
on a motion in order under the rules and practice without passing on its
constitutional effect (IV, 3550; VIII, 2225, 3031, 3071, 3427). In a
case wherein a clerk presiding during organization of the House declined
to put a question, a Member-elect put the question from the floor (I,
67).
Under certain circumstances (such as the practice of extinguishing
reconsideration by laying a motion to reconsider on the table), a Member
may offer a double motion (V, 5637).

Sec. 905. Conditions of withdrawal of motions.

A motion may
be withdrawn at any time before a decision thereon, including a motion
to instruct conferees (Oct. 31, 2000, p. 25737) and a contempt
resolution (Oct. 27, 2000, p. 25200). Unanimous consent is not required
to withdraw a pending unanimous-consent request (Dec. 16, 1985, p.
36575).

While the House was dividing on a second of the previous question
(this second is no longer required) on a motion to refer a resolution,
the proponent was permitted to withdraw the resolution (V, 5350). A
motion was withdrawn after the previous question had been ordered on an
appeal from a decision on a point of order as to the motion (V, 5356).
A motion to suspend the rules could be withdrawn at any time before a
second was ordered (a second is no longer required) (V, 6844; VIII,
3405, 3419), even on another suspension day (V, 6844). However, the
motion could not be withdrawn if a second were ordered, except by
unanimous consent (VIII, 3420). In the modern practice, in which a
second is not required on a motion to suspend the rules, the motion may
be withdrawn at any time before action is taken thereon (July 27, 1981,
p. 17563) including after proceedings have been postponed under clause 8
of rule XX (Sept. 29, 2010, p. _).
A motion may be withdrawn although an amendment has been offered and
is pending (V, 5347; VI, 373; VIII, 2639). In the House an amendment,
whether simple or in the nature of a substitute, may be withdrawn at any
time before an amendment is adopted thereto or a decision is had thereon
(VI, 587; VIII, 2332, 2764). The same right to withdraw an amendment
exists ``in the House as in Committee of the Whole'' (IV, 4935; June 26,
1973, p. 21315) and in standing committees where general procedures of
the House as in the Committee of the Whole apply (Sec. 427, supra).
However, unanimous consent to withdraw an amendment is required in
Committee of the Whole (V, 5221, 5753; VI, 570; VIII, 2465, 2859, 3405),
unless withdrawal authority has been conferred by the House (July 22,
1999, p. 17291; Apr. 3, 2003, pp. 8490, 8491; Nov. 7, 2007, p. 30353).
An amendment disposed of in the Committee of the Whole by voice vote may
not be withdrawn (June 17, 2004, pp. 12944, 12945).
[[Page 694]]
A motion may be withdrawn after the affirmative side has been taken on
a division (V, 5348). Withdrawal of a pending resolution is not in order
when the absence of a quorum has been announced by the Chair (Oct. 14,
1970, pp. 36665-69). A motion that the House resolve into the Committee
of the Whole for the consideration of a bill may be withdrawn pending a
point of order against consideration of the bill. If the motion is
withdrawn, the Chair is not obligated to rule on the point of order
(VIII, 3405; Dec. 3, 1979, p. 34385).
A decision that prevents withdrawal may consist of the following: (1)
the ordering of the yeas and nays (V, 5353), either directly on the
motion or on a motion to lay it on the table (V, 5354); (2) the ordering
of the previous question (V, 5355; June 29, 1995, p. 17967), or the
demand therefor (V, 5489), or (3) the refusal to lay on the table (V,
5351, 5352; VIII, 2640).
If the Speaker has put the question on adoption of a resolution to a
voice vote without the ordering of the previous question, and the yeas
and nays have not been ordered (V, 5349; Feb. 26, 1985, p. 3501) or if a
voice vote (and the record vote on the associated motion for the
previous question) has been vacated (Sept. 25, 2008, pp. 21820, 21821),
the resolution may be withdrawn. A privileged resolution called up in
the House is debated under the hour rule; and the Member calling up such
a resolution is recognized for an hour notwithstanding the fact that the
resolution has been previously considered, debated, and then withdrawn
before action thereon (Apr. 8, 1964, pp. 7303-08).
Where proceedings are postponed on a motion for the previous question
pending a point of no quorum against a voice vote thereon (pursuant to
former clause 5 of rule I (current clause 8 of rule XX)), the manager
may withdraw such motion when it is again before the House as unfinished
business (July 24, 1989, p. 15818).
Question of consideration
A Member having the right to withdraw a motion before a decision
thereon has the resulting power to modify the motion (V, 5358; Oct. 23,
1990, p. 32667), and a Member having the right to withdraw a motion to
instruct conferees before a decision thereon has the resulting power to
modify the motion by offering a different motion at the same stage of
proceedings (July 14, 1993, p. 15661). A motion being withdrawn, all
proceedings on an appeal arising from a point of order related to it
fell thereby (V, 5356).

906. The question of consideration.

3. When a motion or
proposition is entertained, the question, ``Will the House now consider
it?'' may not be put unless demanded by a Member, Delegate, or Resident
Commissioner.

[[Page 695]]
day when the bill is again called up as unfinished business (VIII,
2438). It has once been held that a question of privilege that the House
has refused to consider may be brought up again on the same day (V,
4942). The question of consideration is not debatable (VIII, 2447), and
thus not subject to the motion to lay on the table (Oct. 4, 1994, p.
27643). See also clause 6 of rule XIV (Sec. 884, supra), which provides
that questions relating to the priority of business are not debatable.
The question of consideration is an outgrowth of the practice of the
House, and was in use as early as 1808. The rule was adopted in 1817 in
order to limit its use. Clerical and stylistic changes were effected
when the House recodified its rules in the 106th Congress (H. Res. 5,
Jan. 6, 1999, p. 47). It is the means by which the House protects itself
from business that it does not wish to consider (V, 4936; VIII, 2436).
The refusal to consider does not amount to the rejection of a bill or
prevent its being brought before the House again (V, 4940), and an
affirmative vote does not prevent the question of consideration from
being raised on a subsequent

Sec. 907. Raising the question of consideration.

A Member
may demand the question of consideration, although the Member in charge
of the bill may claim the floor for debate (V, 4944, 4945; VI, 404); but
after debate has begun the demand may not be made (V, 4937-4939). It has
been admitted, however, after the offering of a motion to lay on the
table but before its disposition (V, 4943). The demand for the question
of consideration may not be prevented by a motion for the previous
question (V, 5478), but after the previous question is ordered it may
not be demanded (V, 4965, 4966), even on another day, unless other
business has intervened (V, 4967, 4968). The question of consideration
pending, a motion to refer is not in order (V, 5554).

The intervention of an adjournment does not destroy the right to raise
the question of consideration (V, 4946), but this right did not hold
good in a case in which the yeas and nays had been ordered and the House
had adjourned pending the failure of a quorum on the roll call (V,
4949). A question of consideration undisposed of at an adjournment does
not recur as unfinished business on a succeeding day (V, 4947, 4948). It
is not in order to reconsider the vote whereby the House refuses to
consider a bill (V, 5626, 5627), although it is in order to reconsider
an affirmative vote on the question of consideration (Oct. 4, 1994, p.
27644).
[[Page 696]]
the order of considering individual bills (V, 4961-4963; VIII, 2440,
2441, see Sec. 858, supra).

Sec. 908. Questions subject to the question of
consideration.

The question of consideration may be demanded against a
matter of the highest privilege, such as the right of a Member to a seat
(V, 4941), a question involving the privilege of the House (VI, 560),
against the motion to reconsider (VIII, 2437), but not against a bill
returned with the President's objection (V, 4960, 4970). It may not be
raised against a proposition before the House merely for reference, as a
petition (V, 4964). It may not be demanded against a class of business
in order under a special order or rule, but may be demanded against each
bill individually (IV, 3308, 3309; V, 4958, 4959). It may be raised
against a bill the consideration of which has been provided by a special
order of business (IV, 3175; V, 4953-4957; June 22, 2006, p. 12280; Jan.
24, 2007, p. 2140; Jan. 31, 2007, p. 2736), unless the order provides
for immediate consideration (V, 4960) or provides for the Speaker's
declaration that the House resolve into the Committee of the Whole under
clause 2 of rule XVIII. The question may be raised against a bill on the
Union Calendar on Calendar Wednesday before resolving into the Committee
of the Whole even after one Wednesday has been devoted to it (VIII,
2447); but it may not be raised against a report from the Committee on
Rules relating to

The question of consideration may not be raised on a motion relating
to the order of business (V, 4971-4976; VIII, 2442; May 21, 1958, p.
9216); to a motion to discharge a committee (V, 4977); or against a
motion to take from the Speaker's table Senate bills substantially the
same as House bills already favorably reported and on the House Calendar
(VIII, 2443). On a motion to go into Committee of the Whole to consider
a bill the House expresses its wish as to consideration by its vote on
this motion (V, 4973-4976; VI, 51; VIII, 2442; May 21, 1958, p. 9216),
and the question of consideration is not available after the House has
resolved into the Committee of the Whole (May 10, 2007, p. 12191).

Sec. 909. Relation of question of consideration to points of
order.

A point of order against consideration of a bill should be made
and decided before the question of consideration is put (V, 4950, 4951;
VII, 2439), but if the point relates merely to the manner of
considering, it should be passed on afterwards (V, 4950). In general,
after the House has decided to consider, a point of order raised with
the object of preventing consideration, in whole or part, comes too late
(IV, 4598; V, 4952, 6912-6914), but on a conference report the question
of consideration may be demanded before points of order are raised
against the substance of the report (VIII, 2439; Speaker Albert, Sept.
28, 1976, p. 33019).

Sec. 910. Unfunded mandates; congressional earmarks;
paygo.

The Unfunded Mandates Reform Act of 1995 (P.L. 104-4; 109 Stat. 48)
added a new part B to title IV of the Congressional Budget Act of 1974
(2 U.S.C. 658-658g) that imposes several requirements on committees with
respect to ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c),
establishes points of order to permit votes on whether to enforce those
requirements (sec. 425; 2 U.S.C. 658d), and permits a vote on the
question of consideration of a rule or order waiving such points of
order in the House (sec. 426(a); 2 U.S.C. 658e(a)). The latter provision
also prescribes that such points of order be disposed of by the question
of consideration with respect to the proposition against which they are
lodged (after 20 minutes of debate) (sec. 426(b); 2 U.S.C. 658e(b)). See
Sec. 1127, infra.

Clause 9 of rule XXI establishes a point of order against
consideration of certain measures for failure to disclose (or disclaim
the presence of) certain earmarks, tax benefits, and tariff benefits
(paragraphs (a) and (b)), and permits a vote on the question of
consideration of a rule or order waiving such points of order (paragraph
(c)). Certain cognizability thresholds are established for points of
order under the rule (paragraph (d)). See Sec. 1068d, infra.
[[Page 697]]
Both points of order may be raised against the same special order of
business (May 14, 2008, pp. 9050, 9052).
Former clause 10(c)(3) of rule XXI required the Chair to put the
question of consideration with regard to measures that included an
emergency designation for pay-as-you-go principles. See Sec. 1068j,
infra.
Sec. 4. Paygo Estimates and Paygo Scorecards.
The Statutory Pay-As-You-Go Act of 2010 (tit. I, P.L. 111-139)
requires the Chair to put the question of consideration with regard to
measures that include a pay-as-you-go emergency designation:
* * *
(g) Emergency Legislation.--
(1) Designation in Statute.--If a provision of direct spending
or revenue legislation in a PAYGO Act is enacted as an emergency
requirement that the Congress so designates in statute pursuant
to this section, the amounts of new budget authority, outlays,
and revenue in all fiscal years resulting from that provision
shall be treated as an emergency requirement for the purposes of
this Act.
(2) Designation in the House of Representatives.--If a PAYGO
Act includes a provision expressly designated as an emergency
for the purposes of this title, the Chair shall put the question
of consideration with respect thereto.
Precedence of motions
The question of consideration applies to an emergency designation
contained in an amendment between the Houses (in addition to a bill or
joint resolution) (e.g., May 28, 2010, p. _; July 22, 2010, p. _) but
not to a measure considered under suspension of the rules (e.g., Feb.
25, 2010, p. _). Failure of the Chair to put the question of
consideration of a measure under this provision may be overtaken by
subsequent action of the House on the measure (July 1, 2010, p. _).
Where a measure contained an emergency designation under section 4(g)(1)
of the Statutory Pay-As-You-Go Act of 2010 and an emergency designation
for purposes of pay-as-you-go principles under former clause 10(c) of
rule XXI, the Chair put a single question of consideration with respect
thereto pending consideration of the measure (e.g., May 28, 2010, p. _).

911. Precedence of privileged motions.

4. (a) When a
question is under debate, only the following motions may be entertained
(which shall have precedence in the following order):

(1) To adjourn.
(2) To lay on the table.
(3) For the previous question.
[[Page 698]]
(4) To postpone to a day certain.
(5) To refer.
(6) To amend.
(7) To postpone indefinitely.
(b) A motion to adjourn, to lay on the table, or for the previous
question shall be decided without debate. A motion to postpone to a day
certain, to refer, or to postpone indefinitely, being decided, may not
be allowed again on the same day at the same stage of the question.
(c)(1) It shall be in order at any time for the Speaker, in the
discretion of the Speaker, to entertain a motion--
(A) that the Speaker be authorized to declare a recess; or
(B) that when the House adjourns it stand adjourned to a day and
time certain.
(2) Either motion shall be of equal privilege with the motion to
adjourn and shall be decided without debate.
The first form of this clause appeared in 1789, but amendments have
been made at various times (V, 5301; VIII, 2757). Paragraph (c) (former
final two sentences of the clause) was added in the 93d Congress to
enable a privileged, nondebatable motion to fix the adjournment (H. Res.
6, Jan. 3, 1973, pp. 26-27), and amended in the 102d Congress to enable
a privileged, nondebatable motion for recess authority (H. Res. 5, Jan.
3, 1991, p. 39). A gender-based reference was eliminated in the 111th
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). When the House
recodified its rules in the 106th Congress, the provision of this clause
addressing the motion for the previous question was transferred to
clause 2 of rule XIX (H. Res. 5, Jan. 6, 1999, p. 47).
[[Page 699]]
The application of the first sentence of the clause is confined to
cases wherein a question is ``under debate'' (V, 5379). It has been held
that a question ceases to be ``under debate'' after the previous
question has been ordered (V, 5415). For a discussion of the motion for
the previous question, see Sec. Sec. 994-1000, infra.

Sec. 912. The motion to adjourn.

The motion to adjourn not
only has the highest precedence when a question is under debate, but,
with certain restrictions, it has the highest privilege under all other
conditions. Even the following yield to it: (1) a question of privilege
(III, 2521), including a resolution considered to be a ``question of
high constitutional privilege'' such as one declaring the Office of
Speaker vacant and to direct the House to proceed at once to the
election of a new Speaker (VIII, 2641); (2) the filing of a privileged
report pursuant to former clause 4(a) of rule XI (current clause 5 of
rule XIII) (Apr. 29, 1985, p. 9699); (3) a motion to suspend the rules
(Aug. 11, 1992, p. 23086); (4) a motion to reconsider (V, 5605; see also
clause 3 of rule XIX); (5) in the absence of a quorum, the motion for a
call of the House (VIII, 2642); (6) a motion to dispense with further
proceedings under the call (VIII, 2643); (7) a motion directing the
Sergeant-at-Arms to arrest absentees during a call of the House (June 6,
1973, p. 18403). A conference report may defer it only until the report
is before the House (V, 6451-6453).

Pursuant to clause 6(b) of rule XIII or clause 1(b) of rule XV, only
one motion to adjourn is in order pending consideration of a privileged
report from the Committee on Rules or a motion that the House suspend
the rules, respectively. The motion may be made: (1) after the yeas and
nays are ordered and before the roll call has begun (V, 5366); (2)
before the reading of the Journal (IV, 2757) or the Speaker's approval
thereof (Speaker Wright, Nov. 2, 1987, p. 30386); (3) pending a motion
to reconsider (Sept. 20, 1979, p. 25512); (4) after the House rejects a
motion to table a motion to instruct conferees and before the vote
occurs on the motion to instruct (May 29, 1980, pp. 12717-19); (5) when
the Speaker is absent and the Clerk is presiding (I, 228). The motion to
adjourn may not interrupt a Member who has the floor (V, 5369, 5370;
VIII, 2646; Mar. 25, 1993, p. 6373; Oct. 1, 1997, p. 20902) including,
for example, by virtue of unanimous-consent permission to announce to
the House the legislative program (Dec. 14, 1982, p. 30549). It may not:
(1) interrupt a call of the yeas and nays (V, 6053) or the actual act of
voting by other means (V, 5360); (2) be made after the House has voted
to go into Committee of the Whole (IV, 4728; V, 5367, 5368); (3) defer
the right of a Member to take the oath (I, 622); (4) be repeated in the
absence of intervening business (Speaker Albert, July 31, 1975, p.
26243). When no question is under debate it may not displace a motion to
fix the day to which the House shall adjourn (V, 5381). The motion to
adjourn is not available when the previous question has been ordered by
special rule to final passage without intervening motion (IV, 3211-3213,
June 14, 2001, p. 10725; Apr. 18, 2002, p. 4969). A Member's mere
revelation that the Member seeks to offer a motion to adjourn does not
suffice to make that motion ``pending,'' and thus the Chair remains able
to declare a recess under clause 12(a) of rule I (Oct. 28, 1997, p.
23524; June 25, 2003, p. 16241; July 13, 2009, p. 17493).
[[Page 700]]
ticular day (V, 5360) or hour (V, 5364) (but see Sec. 913, infra, for a
discussion of the equally privileged motion to fix the day and time to
which the House shall adjourn); or by stating the purposes of
adjournment (V, 5371, 5372; VIII, 2647). However, when the hour of daily
meeting is not fixed, the motion to adjourn may fix it (V, 5362, 5363).
A motion to adjourn is in order in simple form only (VIII, 2647), is not
debatable (V, 5359; Feb. 13, 2002, p. 1291), may not be laid on the
table (Aug. 3, 1990, p. 22195), is not in order in Committee of the
Whole (IV, 4716), and is not entertained when the Committee of the Whole
rises to report proceedings incident to securing a quorum (VI, 673;
VIII, 2436). After the motion is made neither another motion nor an
appeal may intervene before the taking of the vote (V, 5361). When the
House adopts the motion to adjourn, it must adjourn immediately; and a
unanimous-consent request that the House proceed to the calling of
special-order speeches is not in order (Sept. 27, 1993, p. 22608).
When the House has fixed the hour of daily meeting, the simple motion
to adjourn may not be amended (V, 5754), whether by specifying a par

Sec. 913. Motion to fix the day to which the House shall
adjourn and motion to authorize the Speaker to declare a
recess.

The motion to fix the day and time to which the House shall
adjourn, in its present form, was included in this clause and given
privileged status in the 93d Congress (H. Res. 6, Jan. 3, 1973, p. 26).
At several times during the 19th century, the motion to fix the day to
which the House should adjourn was included within the rule as to the
precedence of motions but was dropped because of its use in obstructive
tactics (V, 5301, 5379). The following precedent relates to the use of
the motion in its earlier form: No question being under debate, a motion
to fix the day to which the House should adjourn, already made, was held
not to give way to a motion to adjourn (V, 5381). But if the motion to
adjourn be made first, the motion to fix the day or for a recess is not
entertained (V, 5302). The motion to fix the day is not debatable (V,
5379, 5380; VIII, 2648, 3367), requires a quorum for adoption (IV, 2954;
June 19, 1975, p. 19789; June 22, 1976, p. 19755), and is only in order
if offered on the day on which the adjournment applies (Sept. 23, 1976,
p. 32104). The House may convene and adjourn twice on the same calendar
day pursuant to a motion under this clause that when the House adjourn
it adjourn to a time certain later in the day, thereby meeting for two
legislative days on the same calendar day (Nov. 17, 1981, p. 27771; Oct.
29, 1987, p. 29933; June 29, 1995, p. 17716). When the Speaker exercises
discretion to entertain at any time a motion that when the House adjourn
it stand adjourned to a day and time certain, the motion is of equal
privilege with the simple motion to adjourn and takes precedence over a
pending question on which the vote has been objected to for lack of a
quorum (Nov. 17, 1981, p. 27770). The motion is not subject to the
motion to lay on the table because it is not debatable and the
precedence conferred on the motion to table only applies to a question
that is ``under debate'' (Nov. 17, 1981, p. 27770).

[[Page 701]]
to adjourn. The House (without the consent of the Senate) may authorize
the Speaker to declare a recess for up to three days (Dec. 15, 1995, p.
37102).
Under the express terms of clause 4, the motion to authorize the
Speaker to declare a recess is nondebatable and has equal privilege with
the motion

Sec. 914. Motion to lay on the table.

The motion to lay on
the table is used in the House for a final, adverse disposition of a
matter without debate (V, 5389), and is in order before the Member
entitled to prior recognition for debate has begun remarks (V, 5391-
5395; VIII, 2649, 2650). Under the explicit terms of this clause, the
motion is not debatable (Oct. 17, 1991, p. 26749). The motion is
applicable to a motion to reconsider (VIII, 2652, 2659), a motion to
postpone to a day certain (VIII, 2654, 2657), a resolution presenting a
question of privilege (VI, 560), a privileged resolution offered at the
direction of a party caucus electing Members to committees (Feb. 5,
1997, p. 1541), an appeal from a decision of the Chair (VIII, 3453; June
22, 2006, p. 12299), a motion to discharge a committee from a resolution
of inquiry (VI, 415), a proposal to investigate with a view to
impeachment (VI, 541), a concurrent resolution to adjourn sine die (Mar.
27, 1936, p. 4512), and a resolution to expel a Member (Oct. 1, 1976, p.
35111). But a question of privilege (affecting the right of a Member to
a seat) that has been laid on the table may be taken therefrom on motion
made and agreed to by the House (V, 5438). The motion to lay on the
table has the precedence given it by the rule, but may not be made after
the previous question is ordered (V, 5415-5422; VIII, 2655), or even
after the yeas and nays have been ordered on the demand for the previous
question (V, 5408, 5409); but pending the demand for the previous
question on a motion that is under debate, the motion to lay the primary
motion on the table is preferential and is voted on first (Speaker
Albert, Sept. 22, 1976, pp. 31876-82; Speaker O'Neill, July 10, 1985,
pp. 18397-18400). The previous question having been ordered on a bill to
final passage, the motion to lay the bill on the table may not then be
offered pending a motion to reconsider the vote whereby the bill had
been passed or rejected (Sept. 20, 1979, p. 25512).

[[Page 702]]
is laid on the table (V, 5431-5433); and a bill does not accompany a
motion to instruct conferees that is laid on the table (VIII, 2658).
When a bill is laid on the table, pending motions connected therewith
go to the table also (V, 5426, 5427); and when a proposed amendment is
laid on the table the pending bill goes there also (V, 5423; VIII,
2656), and if a pending amendment to a special order reported from the
Committee on Rules were tabled, it would carry the resolution with it
and is thus considered dilatory under former clause 4(b) of rule XI
(current clause 6(b) of rule XIII) (Sept. 25, 1990, p. 25575). This rule
holds good as to a House bill with Senate amendments (V, 5424, 6201-
6203; Sept. 28, 1978, p. 32334), but laying on the table the motion to
postpone consideration of Senate amendments was held not to carry to the
table pending motions for their disposition (VIII, 2657). The Journal
does not accompany a proposed amendment to the table (V, 5435, 5436);
the original question does not accompany an appeal (V, 5434); a
resolution does not accompany a preamble or another resolution with
which it is connected (V, 5428, 5430); a petition does not accompany the
motion to receive it when the latter
A motion to lay on the table a motion to reconsider the vote by which
an amendment to a resolution had been agreed to would not carry the
resolution to the table (VIII, 2652).
The motion is not in order in Committee of the Whole (IV, 4719, 4720;
VIII, 2330, 2556a, 3455; Mar. 16, 1995, p. 8112; July 21, 1999, p.
17054) and does not apply to motions to resolve into the Committee of
the Whole (VI, 726). It may not be amended (V, 5754), for example, to
operate for a specified time (Oct. 17, 1991, p. 26749).
The motion to lay on the table generally is not applicable to motions
that are neither debatable nor amendable. As such, it is not applicable
to the following motions: (1) to adjourn (Aug. 3, 1990, p. 22195); (2)
that when the House adjourn it stand adjourned to a day and time certain
(Nov. 17, 1981, p. 27770); (3) to dispense with further proceedings
under a call of the House (Speaker McCormack, Aug. 27, 1962, pp. 17651-
54); (4) to order the previous question (V, 5410, 5411; Oct. 4, 1994, p.
27649). Furthermore, the motion may not be applied to: (1) a motion to
suspend the rules (V, 5405); (2) a motion to commit after the previous
question is ordered (V, 5412-5414; VIII, 2653, 2655); (3) any motion
relating to the order of business (V, 5403, 5404). It may not be applied
to a motion to discharge a committee under former clause 3 of rule XXVII
(current clause 2 of rule XV) (June 11, 1945, p. 5892) but may be
applied to the motion to discharge a committee from consideration of a
resolution of inquiry (V, 5407).
The motion to lay on the table is applicable to debatable secondary or
privileged motions for disposal of another matter; thus a motion to
refer (V, 5433; Aug. 13, 1982, pp. 20969, 20975-78) or a motion to
recede and concur in a Senate amendment in disagreement may be laid on
the table (Speaker O'Neill, Feb. 22, 1978, p. 4072) without carrying the
pending matter to the table. The motion is not applicable to a
conference report (V, 6540).

Sec. 914a. The motion for the previous question.

The
precedents relating to the motion for the previous question are
annotated in Sec. Sec. 994-1000.

[[Page 703]]
of business on the Speaker's table, unless displaced by more highly
privileged business (VIII, 2614). If consideration of a measure
postponed to a day certain resumes as unfinished business in the House,
recognition for debate does not begin anew but recommences from the
point where it was interrupted (June 10, 1980, p. 13801). It is not in
order to move to postpone pending business to Calendar Wednesday (VIII,
2614), but if so postponed by consent, when consideration is concluded
on that Wednesday, proceedings under the Calendar Wednesday rule are in
order (VII, 970). The motion is not available in Committee of the Whole
(July 14, 1998, p. 15305), but a motion that a bill be reported with the
recommendation that it be postponed is in order in the Committee of the
Whole proceeding under the general rules of the House (IV, 4765; VIII,
2372), is debatable (VIII, 2372), and is a preferential motion (VIII,
2372, 2615), but debate is confined to the advisability of postponement
only (VIII, 2372). The House has postponed, along with the underlying
matter, an appeal from a decision of the Chair thereon (VIII, 2613). A
bill under consideration in the morning hour may not be made a special
order by a motion to postpone to a day certain (IV, 3164).

Sec. 915. The motions to postpone.

As indicated in the rule,
the motions to postpone are two in number and distinct. The first one is
to postpone to a day certain, and the second one is to postpone
indefinitely. Each must apply to the whole and not a part of the pending
proposition (V, 5306). Neither may be entertained after the previous
question is ordered (V, 5319-5321; VIII, 2616, 2617), or be applied to a
special order providing for the consideration of a class of bills (V,
4958); but when a bill comes before the House under the terms of a
special order that assigns a day merely, a motion to postpone may be
applied to the bill (IV, 3177-3182). Business postponed to a day certain
is in order on that day immediately after the approval of the Journal
and disposition

The motion to postpone to a day certain may not specify the hour (V,
5307). The motion may be amended (V, 5754; VIII, 2824). It is debatable
only within narrow limits (V, 5309, 5310), the merits of the bill to
which it is applied not being within those limits (V, 5311-5315; VIII,
2372, 2616, 2640).
The motion to postpone indefinitely opens to debate all the merits of
the proposition to which it is applied (V, 5316). It may not be applied
to the motion to refer (V, 5317), the motion to suspend the rules (V,
5322), or the motion to resolve into the Committee of the Whole (VI,
726), and it is reasonable to infer that it is equally inapplicable to
the other motions enumerated in the rule and to motions relating to the
order of business. However, the motion to postpone indefinitely may be
applied to the motion that the House resolve itself into the Committee
of the Whole pursuant to the provisions of a statute, enacted under the
rulemaking power of the House of Representatives, that specifically
allows such a motion in the consideration of a resolution disapproving a
certain executive action (Mar. 10, 1977, p. 7021; Aug. 3, 1977, p.
26528).
[[Page 704]]
``commit,'' and ``recommit'' are sometimes used interchangeably (V,
5521; VIII, 2736), but when used in the precise manner and situation
contemplated in each rule reflect certain differences based upon whether
the question to which applied is ``under debate,'' whether the motion
itself is debatable, whether a minority Member or a Member opposed to
the question to which the motion is applied is entitled to a priority of
recognition, and whether the prohibition against a special order
reported from the Committee on Rules denying a motion to recommit a bill
or joint resolution pending final passage is applicable. For a
discussion of the motion to recommit, see the annotations under clause 2
of rule XIX. The motion may not be used in direct form in Committee of
the Whole (IV, 4721; VIII, 2326); and if a bill is being considered
under the provisions of a resolution stating that ``at the conclusion of
the consideration of the bill for amendment under the five-minute rule
the Committee shall rise and report the bill back to the House with such
amendments as may have been adopted,'' a motion that the Committee rise
and report to the House with the recommendation that the bill be
recommitted to the legislative committee reporting it is not in order
(Aug. 10, 1950, p. 12219). It may be made after the engrossment and
third reading of a bill, even though the previous question may not have
been ordered (V, 5562, 5563).

Sec. 916. The motions to refer.

The parliamentary motion to
refer is explicitly recognized and given status in four different
situations under House rules: the ordinary motion provided for in this
clause; the motion to recommit (or commit, as the case may be), with or
without instructions, pending the motion for or after ordering of the
previous question as provided in clause 2(a) of rule XIX (V, 5569); the
motion to recommit (or commit, as the case may be), with or without
instructions, after the previous question has been ordered on a bill or
joint resolution to final passage, provided in clause 2(b) of rule XIX;
and the motion to refer, with or without instructions, pending a vote in
the House to strike the enacting clause as provided in clause 9 of rule
XVIII. The terms ``refer,''

If the previous question is rejected on a preferential motion to
dispose of Senate amendments in disagreement, the preferential motion
remains ``under debate'' and the motion to refer may be offered under
this clause (Speaker Albert, Sept. 16, 1976, p. 30887). Where a motion
for the previous question on a resolution has preempted a pending motion
to refer such resolution, the motion to refer remains pending and
debatable under the hour rule upon rejection of the motion for the
previous question (Apr. 22, 2010, p. _). A motion to refer takes
precedence over a motion to amend when a question is under debate (such
as where the previous question has been rejected), and the Chair
recognizes the Member seeking to offer the preferential motion before
the less preferential motion is read (Aug. 13, 1982, pp. 20969, 20975-
78).
The simple motion to refer under the first sentence of this clause is
debatable within narrow limits (V, 5054) and may be offered by any
Member (who need not qualify as being in opposition to the pending
question) when that question is ``under debate,'' i.e., when the
previous question has not been moved or ordered, but the merits of the
proposition sought to be referred may not be brought into the debate (V,
5564-5568; VI, 65, 549; VIII, 2740). The motion to refer with
instructions is also debatable (V, 5561); but the previous question is
preferential (Mar. 22, 1990, p. 4997).
[[Page 705]]
dowed with power to send for persons and papers (IV, 4402). Unless the
previous question is ordered the motion may be amended (VIII, 2712,
2738) in part (V, 5754); by substitute (VIII, 2698, 2738, 2759); or by
adding instructions (V, 5521, 5570, 5582-5584; VIII, 2695, 2762; Aug.
13, 1982, pp. 20969, 20975-78).

Sec. 917. Instructions with the motion to refer.

The motion
to refer may specify that the reference shall be to a select as well as
a standing committee (IV, 4401) without regard for rules of jurisdiction
(IV, 4375; V, 5527) and may provide for reference to another committee
than that reporting the bill (VIII, 2696, 2736), or to the Committee of
the Whole (V, 5552, 5553), and even that the committee be en

Divisibility

Sec. 918. Repetition of motions.

The rule specifies that the
motions to postpone and refer shall not be repeated on the same day at
the same stage of the question (V, 5301, 5591; VIII, 2738, 2760). Under
the practice, a motion to adjourn may be repeated only after intervening
business (V, 5373; VIII, 2814), debate (V, 5374), the ordering of the
yeas and nays (V, 5376, 5377), decision of the Chair on a question of
order (V, 5378), or reception of a message (V, 5375). The motion to lay
on the table may also be repeated after intervening business (V, 5398-
5400); but the ordering of the previous question (V, 5709), a call of
the House (V, 5401), or decision of a question of order have been held
not to be such intervening business, it being essential that the pending
matter be carried to a new stage in order to permit a repetition of the
motion (V, 5709).

919. Division of the question.

5. (a) Except as provided in
paragraph (b), a question shall be divided on the demand of a Member,
Delegate, or Resident Commissioner before the question is put if it
includes propositions so distinct in substance that, one being taken
away, a substantive proposition remains.

(b)(1) A motion or resolution to elect members to a standing committee
of the House, or to a joint standing committee, is not divisible.
(2) A resolution or order reported by the Committee on Rules providing
a special order of business is not divisible.

Sec. 920. Motion to strike and insert not divisible.

(c) A
motion to strike and insert is not divisible, but rejection of a motion
to strike does not preclude another motion to amend.

[[Page 706]]
former proviso) was adopted April 2, 1917 (VIII, 2175), and paragraph
(b)(2) (last part of the former proviso) was adopted May 3, 1933 (VIII,
3164). Paragraph (c) (first part of former clause 7) was adopted in
1811, and amended in 1822 (V, 5767). When the House recodified its rules
in the 106th Congress, former clause 5 of this rule (requiring time of
adjournment to be entered on the Journal) was transferred to clause
2(c)(2) of rule II, paragraphs (a) and (b) were found in former clause
6, and paragraph (c) was found in the first part of former clause 7 (H.
Res. 5, Jan. 6, 1999, p. 47).
Paragraphs (a) and (b) (former clause 6) were first adopted in 1789,
and were amended in 1837 (V, 6107). Paragraph (b)(1) (first part of the
The House may by adoption of a resolution reported from the Committee
on Rules suspend the rule providing for the division of a question (VII,
775).

Sec. 921. Principles governing the division of the
question.

The principle that there must be at least two substantive
propositions in order to justify division is insisted on rigidly (V,
6108-6113), because failure to do so produces difficulties (III, 1725).
The question may not be divided after it has been put (V, 6162), or
after the yeas and nays have been ordered (V, 6160, 6161); but division
of the question may be demanded after the previous question is ordered
(V, 5468, 6149; VIII, 3173). In passing on a demand for division the
Chair considers only substantive propositions and not the merits of the
question presented (V, 6122). It seems to be most proper, also, that the
division should depend on grammatical structure rather than on the
legislative propositions involved (I, 394; V, 6119), but a question
presenting two propositions grammatically is not divisible if either
does not constitute a substantive proposition when considered alone
(VII, 3165). Thus a resolution censuring a Member and adopting a report
of a committee thereon, which recommends censure on the basis of the
committee's findings, is not divisible because those questions are
substantially equivalent (Speaker O'Neill, Oct. 13, 1978, p. 37016); and
an adjournment resolution that also authorizes the receipt of veto
messages from the President during the adjournment is not subject to a
division of the question, because the receipt authority would be
nonsensical standing alone (June 30, 1976, p. 21702). However, a
concurrent resolution on the budget is subject to a demand for a
division of the question if, for example, the resolution grammatically
and substantively relates to different fiscal years (May 7, 1980, pp.
10185-87), or includes a separate, hortatory section having its own
grammatical and substantive meaning (Speaker Foley, Mar. 5, 1992, p.
4657).

[[Page 707]]
of two individuals is divisible (Feb. 27, 1986, p. 3040); as is a
resolution with one resolving clause certifying contemptuous conduct of
several individuals (Oct. 27, 2000, p. 25200; contrast, Deschler-Brown,
ch. 30, Sec. 49.1). A measure containing a series of simple resolutions
(V, 6149), and a resolution confirming several nominations (Speaker
Albert, Mar. 19, 1975, p. 7344) may be divided. A resolution of
impeachment presenting discrete articles may be divided (VI, 545; Dec.
18, 1998, p. 11064; June 19, 2009, pp. 15754, 15759-61; Mar. 11, 2010,
p. _).
Decisions have been made that a resolution affecting two individuals
may be divided, although such division may involve a reconstruction of
the text (I, 623; V, 6119-6121). The better practice seems to be,
however, that this reconstruction of the text should be made by the
adoption of a substitute amendment of two branches, rather than by
interpretation of the Chair (II, 1621). But merely formal words, such as
``resolved,'' may be supplied by interpretation of the Chair (V, 6114-
6118). A resolution with two resolving clauses separately certifying the
contemptuous conduct
Except on resolutions to elect Members to committees or on resolutions
reported from the Committee on Rules providing a special order of
business, where division of the question is prohibited by this clause, a
resolution reported from the Committee on Rules may be divided if
otherwise appropriate. Thus a resolution reported from that committee
establishing several select committees in grammatically divisible
titles, not being a special order of business, is subject to a demand
for a division of the question (Jan. 8, 1987, p. 1036). However, it is
not in order to demand a division of a subject incorporated by reference
in the pending text, as when a resolution to adopt a series of rules,
not made a part of the resolution, was before the House, it was held not
in order to demand a separate vote on each rule (V, 6159).
The question on engrossment and third reading under former clause 1 of
rule XXI (current clause 8(c) of rule XVI) is not divisible (Speaker
Foley, Aug. 3, 1989, p. 18544); and in voting on the engrossment or
passage of a bill or joint resolution, a separate vote may not be
demanded on the various portions (V, 6144-6146; VIII, 3172), or on the
preamble (V, 6147).
Where an amendment is offered to an appropriation bill providing that
no part of the appropriation may be paid to named individuals, the
amendment may be divided for a separate vote on each name (Feb. 5, 1943,
p. 645). An amendment (to a joint resolution making continuing
appropriations) containing separate paragraphs appropriating funds for
different programs may be substantively and grammatically divisible
although preceded by the same prefatory language applicable to all the
paragraphs, and the Clerk will read each paragraph as including the
prefatory language before the Chair puts the question thereon (Nov. 8,
1983, p. 31495). A division may be demanded on an amendment to strike
various unrelated phrases (VIII, 3166; Mar. 28, 1984, p. 6898). An
amendment proposing to change a figure in one paragraph of an
appropriation bill and also to insert a new (``fetch-back'') paragraph
at another point in the bill is divisible (July 15, 1993, p. 15843).
Absent a contrary order, the question may be divided on amendments en
bloc comprising discrete instructions to amend, even though unanimous
consent has just been granted for the en bloc consideration (July 25,
1990, p. 19174; July 18, 1991, p. 18851).
[[Page 708]]
structions to strike and insert may be divided (June 4, 1998, p. 5418)
and a perfecting amendment to an amendment may be divided if not in the
form of a motion to strike and insert (V, 6131). When it is proposed to
strike and insert not one but several connected matters, it is not in
order to demand a separate vote on each of those matters (V, 6124,
6125), as when an amendment in the nature of a substitute containing
several resolutions is proposed; but after this amendment has been
agreed to, it is in order to demand a division of the original
resolution as amended (V, 6127, 6128). When, however, an amendment
simply adding or inserting is proposed, it is in order to divide the
amendment (V, 6129-6133). To a motion to strike certain words and insert
others, a simple motion to strike the words may not be offered as a
substitute, because it would have the effect of dividing the motion to
strike and insert (June 29, 1939, pp. 8282, 8284; June 19, 1979, pp.
15566-68).
A division of the question may not be demanded on a motion to strike
and insert (V, 5767, 6123; VIII, 3169), including substitutes for
pending amendments (V, 6127; VIII, 3168; Aug. 17, 1972, pp. 28887-90;
July 2, 1980, pp. 18288-92), although an amendment comprising two
discrete in
A division may be demanded on the motion to recede from disagreement
to a Senate amendment and concur therein (see Sec. 525, supra; V, 6209;
VIII, 3197-3199, 3203), but may not be demanded on Senate amendments
when sending to conference (V, 6151-6156; VIII, 3175). A division of the
question may not be demanded, with respect to a motion to concur in a
Senate amendment with an amendment, between concurring and amending
(VIII, 3176), and may not be demanded on separate parts of the proposed
amendment if it is not properly divisible under the same tests that
apply to any other amendment (Aug. 3, 1973, pp. 28124-26; Oct. 11, 1984,
p. 32188). Thus a proposed amendment to a Senate amendment is not
divisible if in the form of a motion to strike and insert (Oct. 15,
1986, p. 32135). Each Senate amendment must be voted on as a whole
(VIII, 3175) but the Committee of the Whole having reported a Senate
amendment with the recommendation that it be agreed to with an
amendment, a separate vote was had on the amendment to the Senate
amendment (VIII, 2420). When Senate amendments to a House bill are
considered in the House, a separate vote may be had on each amendment
(VIII, 2383, 2400, 3191), and separate votes may be had on nongermane
portions of Senate amendments as provided in clause 10 of rule XXII.
It is not in order to divide a motion to lay several connected
propositions on the table (V, 6138-6140). Similarly, it is not in order
to divide a motion for the previous question on two related
propositions, as on a special order reported from the Committee on Rules
and a pending amendment thereto (Sept. 25, 1990, p. 25575). An appeal
from a decision of the Speaker involving two distinct questions may be
divided (V, 6157).
[[Page 709]]
A motion to recommit a bill to conference with various instructions may
not be divided (Sept. 29, 1994, p. 27681). However, a motion to instruct
conferees under clause 7(c) of rule XXII (when multiple motions are in
order) may be divided (Speaker Byrns, May 26, 1936, p. 7951; Sept. 20,
2000, p. 18622), provided that separate substantive propositions are
presented (Speaker Rayburn, May 9, 1946, p. 4750). A conference report
is considered as a whole (Oct. 8, 2009, p. 24376).
On a motion to commit with instructions it is not in order to demand a
separate vote on the instructions or various branches thereof (V, 6134-
6137; VIII, 2737, 3170; Speaker Rayburn, Apr. 11, 1956, p. 6157; June
29, 1993, p. 14618). However, an amendment reported forthwith pursuant
to instructions contained in a successful motion to recommit may be
divided on the question of its adoption if composed of substantively and
grammatically distinct propositions (June 29, 1993, p. 14618; May 28,
2010, p. _).
A division of the question may not be demanded on bills or joint
resolutions for reference (IV, 4376) or change of reference (VII, 2125),
a motion to elect Members to committees of the House (VIII, 2175, 3164),
a question against which a point of order is pending (VIII, 3432), or a
proposition under a motion to suspend the rules (V, 6141-6143; VIII,
3171). A proposition reported from the Committee of the Whole as an
entire and distinct amendment may not be divided (IV, 4883-4892). A
separate vote may not be demanded in the House on an amendment adopted
in the Committee of the Whole to an amendment (VIII, 2422, 2426, 2427).
After the vote on the first portion of the question, the second is
open to debate and amendment, unless the previous question is ordered
(see Sec. 482, supra). If a motion to concur in a Senate amendment is
divided pursuant to a special rule, the Chair puts the question first on
the first portion of the Senate amendment, and then on the remaining
portion (Mar. 4, 1993, p. 4163). If a division of the question is
demanded on a portion of an amendment, the Chair puts the question first
on the remaining portions of the amendment, and that portion on which
the division is demanded remains open for further debate and amendment
(Oct. 21, 1981, pp. 24785-89). However, if no further debate or
amendment is in order on the divided portion, the Chair may put the
question first on the divided portion(s) and then immediately on the
remaining portion (Aug. 17, 1972, Deschler, ch. 27, Sec. 22.14; June 8,
1995, p. 15302). If a division of the question is demanded on more than
one portion of an amendment, the Chair may put the question first on the
remaining portions of the amendment (if any), then (after further
debate) on the first part on which a division is demanded, and then
(after further debate) on the last part on which a division is demanded
(Oct. 21, 1981, pp. 24785-89). If the question on adopting an amendment
is divided by special rule (rather than on demand from the floor), the
Chair puts the question on each divided portion of the amendment in the
order in which it appears (May 23, 1996, p. 12316).
[[Page 710]]
Amendments
A demand for a division of the question on a separate portion of an
amendment may be withdrawn before the question is put on the first
portion thereof (July 15, 1993, p. 15843), but once the Chair has put
the question on the first portion of the amendment, a demand for a
division may be withdrawn only by unanimous consent (Sept. 9, 1976, pp.
29538-40).

922. Amendments to text and to title.

6. When an amendable
proposition is under consideration, a motion to amend and a motion to
amend that amendment shall be in order, and it also shall be in order to
offer a further amendment by way of substitute for the original motion
to amend, to which one amendment may be offered but which may not be
voted on until the original amendment is perfected. An amendment may be
withdrawn in the House at any time before a decision or amendment
thereon. An amendment to the title of a bill or resolution shall not be
in order until after its passage or adoption and shall be decided
without debate.

This provision (formerly rule XIX) was adopted in 1880, with an
amendment adding the portion in relation to the title in 1893. The rule
of 1880, however, merely stated in form of rule what had been the
practice of the House for many years (V, 5753). Before the House
recodified its rules in the 106th Congress, this provision was found in
former rule XIX (H. Res. 5, Jan. 6, 1999, p. 47). For further discussion
see Deschler, ch. 27, Sec. Sec. 15-19.

Sec. 923. Conditions of the motion to amend.

It is not in
order to offer more than one motion to amend of the same nature at a
time (V, 5755; VIII, 2831), but the four motions specified by the rule
may be pending at the same time (V, 5793; VIII, 2883, 2887). Where,
pursuant to a special rule, a committee amendment in the nature of a
substitute is being read as original text for purpose of amendment,
there may be pending to that text the four stages of amendment permitted
by this rule (Apr. 23, 1969, p. 10066). When a request for a recorded
vote in the Committee of the Whole is postponed under authority of a
special order of the House (such authority now found in clause 6(g) of
rule XVIII), the amendment becomes unfinished business and is no longer
pending, thereby permitting the offering of another amendment (May 10,
2000, p. 7513). An amendment in the third degree is not specified by the
rule and is not permissible (V, 5754; VIII, 2580, 2888, 2891), even when
the third degree is in the nature of a substitute for an amendment to a
substitute (V, 5791; VIII, 2889).

[[Page 711]]
change portions of a measure not yet read for amendment (Mar. 24, 1999,
p. 5418). Under a ``modified-closed'' rule permitting only amendments
printed in the report accompanying the rule, the Chair will permit an
amendment to be offered in the form actually submitted for printing
rather than requiring that it be offered in the erroneous form printed
(Mar. 10, 1994, p. 4405). The Chair does not entertain a unanimous-
consent request to designate a co-offeror of an amendment (May 20, 2004,
p. 10631; Sept. 14, 2004, p. 18429).
An amendment must contain instructions to the Clerk as to the portion
of the bill it seeks to amend and is subject to a point of order if not
in proper form (Oct. 3, 1985, p. 25970). An amendment may not propose to
A Member may not amend or modify his or her own amendment except by
unanimous consent (Oct. 1, 1985, p. 25453); and if the Chair recognizes
the proponent of an amendment to propound such a unanimous-consent
request before commencing debate, the Chair does not charge time
consumed under a reservation of objection against the proponent's time
for debate on the amendment (Feb. 3, 1993, p. 1978; May 27, 1993, p.
11849). Under the five-minute rule, the proponent of an amendment may
not yield to another to offer an amendment to the amendment; rather an
amendment to the amendment may be offered after the proponent of the
pending amendment has explained it (Sept. 7, 1995, p. 24071).
Two independent amendments may be voted on at once only by unanimous
consent of the House (V, 5979). Amendments en bloc, once pending, are
open to perfecting amendment at any point (June 12, 1991, p. 14337). If
a point of order is sustained against a discrete portion of an en bloc
amendment, the entire en bloc amendment may not be considered; however,
each constituent amendment may be offered separately if otherwise in
order (Sept. 16, 1981, pp. 20735-38). An amendment considered with
others en bloc and rejected may be offered separately at a subsequent
time (Deschler, ch. 27, Sec. 35.15; Nov. 4, 1991, p. 29932).
[[Page 712]]
is disposed of, the original amendment, as amended or not, remains open
to further perfecting amendment (June 20, 1991, p. 15610); and all such
amendments are disposed of before voting on substitutes for the original
amendment and amendments thereto (July 26, 1984, p. 21253).
The substitute provided for in this rule has been construed as a
substitute for the amendment and not as a substitute for the original
text (VIII, 2883). A substitute amendment may be amended by striking all
after its first word and inserting a new text (V, 5793, 5794). Although
this is in effect a substitute, it is not technically so. A substitute
always proposes to replace all the words of a pending amendment. The
amendatory instructions contained in a substitute direct changes to be
made in the original language rather than to the pending amendment.
Although a substitute may change parts of a bill not changed by the
pending amendment, the substitute must be germane to the pending
amendment (VIII, 2879, 2880; Deschler, ch. 27, Sec. 18.6). A substitute
may result in similar language to the original text proposed to be
changed by the pending amendment, but may not result in identical
language (Deschler, ch. 27, Sec. 18.15). To an amendment adding a new
section, an amendment making perfecting changes in the bill rather than
in the amendment is not a proper perfecting amendment, but may, if
germane, be offered as a substitute for the amendment (Deschler, ch. 27,
Sec. 18.7). The Chair will not look behind the form of the amendment in
determining whether it is perfecting or a substitute (June 13, 1994, p.
12731). Once a perfecting amendment to an amendment
An amendment offered as a substitute and rejected may again be offered
as an original amendment without presenting an equivalent question. In
the first case the question is the relationship between the substitute
and the amendment to which offered, and in the second case the question
is the relationship between the original amendment and the text of the
bill (V, 5797; VIII, 2843). An amendment that is adopted as amended by a
substitute may not be reoffered in its original form if it would
directly change the amended portion of the bill. However, it may be
reoffered if the original amendment amends a different part of the bill
(as in the case in which the amendatory instructions of the substitute
displace the language of the original amendment). In such a case the
vote on the amendment as amended by the substitute is not equivalent to
a direct vote on the original amendment (June 25, 1987, p. 17416). An
amendment considered with others en bloc and rejected may be offered
separately at a subsequent time (Deschler, ch. 27, Sec. 35.15; Nov. 4,
1991, p. 29932).
[[Page 713]]
An amendment in the nature of a substitute always proposes to strike
all after the enacting or resolving words in order to insert a new text
(V, 5785, footnote). An amendment in the nature of a substitute may be
proposed before amendments to the pending portion of original text have
been acted on, but may not be voted on until such amendments have been
disposed of (V, 5787). When a bill is considered by sections or
paragraphs an amendment in the nature of a substitute is properly
offered after the reading for amendment is concluded (V, 5788). However,
when it is proposed to offer a single substitute for several paragraphs
of a bill that is being considered by paragraph, the substitute may be
moved to the first paragraph, with notice that, if agreed to, motions
will be made to strike the remaining paragraphs (V, 5795; VIII, 2898,
2900-2903; July 29, 1969, p. 21218). An amendment in the nature of a
substitute, as well as the original proposition, may be perfected by
amendments before the vote on it is taken (V, 5786). If there is pending
an amendment in the nature of a substitute, it is in order to offer a
perfecting amendment to the pending portion of original text (VIII,
2861; Apr. 27, 1976, p. 11411; see also Deschler, ch. 27, Sec. 5.34). An
amendment in the nature of a substitute having been agreed to, the vote
is then taken on the original proposition as amended (II, 983; V, 5799,
5800), and no further amendment is in order (Speaker O'Neill, Mar. 26,
1985, p. 6274). If a perfecting amendment to an amendment in the nature
of a substitute, striking all after the short title and inserting a new
text, is agreed to, further amendments to the text so perfected are not
in order, but amendments are in order to add new language at the end of
the amendment in the nature of a substitute as amended (May 16, 1979, p.
11420).

Sec. 924. Relation of point of order to motion to
amend.

Except as provided in clauses 4 and 5(a) of rule XXI, a point of order
against an amendment is timely if made or reserved before formal
recognition of the proponent to commence debate thereon (July 16, 1991,
p. 18391; July 15, 1997, pp. 14492, 14493), but thereafter comes too
late (V, 6894, 6898-6899) unless the Member was on his or her feet
seeking recognition for that purpose at the time the amendment was
offered (July 28, 1995, p. 20897; May 25, 2006, p. 9823). To preclude a
point of order, debate should be on the merits of the proposition (V,
6901). The mere making of a unanimous-consent request to dispense with
the reading of an amendment and to revise and extend remarks thereon is
not such intervening business as would render a point of order untimely
under this clause, if the Member making the point of order is on his or
her feet seeking recognition (July 16, 1991, p. 18391; see Deschler-
Brown, ch. 31, Sec. Sec. 6.39, 6.41). When enough of an amendment has
been read to show that it is out of order, a point of order may be
raised without waiting for the reading to be completed (V, 6886-6887;
VIII, 2912, 3437; July 9, 2009, p. 17310), though the Chair may decline
to rule until the entire proposition has been read (Dec. 14, 1973, pp.
41716-18). A timely reservation of a point of order by one Member inures
to the benefit of any other Member who desires to raise a point of order
(V, 6906; July 18, 1990, p. 17930).

Sec. 925. Withdrawal of the motion to amend.

Although the
rule provides that either an ordinary or substitute amendment may be
withdrawn in the House (V, 5753) or ``in the House as in Committee of
the Whole'' (IV, 4935; June 26, 1973, p. 21315), it may not be withdrawn
or modified in Committee of the Whole except by unanimous consent
(clause 5 of rule XVIII; V, 5221; VIII, 2564, 2859).

[[Page 714]]

Sec. 926. Precedence of the motion to amend.

Pursuant to
clause 4 of rule XVI, the motion for the previous question takes
precedence over a motion to amend (Nov. 8, 1971, p. 39944); and if the
previous question is not ordered, the motion to refer also has
precedence over the motion to amend (V, 5555; VI, 373). Amendments
reported by a committee are acted on before those offered from the floor
(V, 5773; VIII, 2862, 2863), but a floor amendment to the text of a
pending section is considered before a committee amendment adding a new
section at the end of the pending section (Oct. 4, 1972, pp. 33779-82),
and there is a question as to the extent to which the chair of the
committee reporting a bill should be recognized preferentially to offer
amendments to perfect it over other Members (II, 1450). Amendments may
not be offered by proxy (VIII, 2830). The motion to strike the enacting
clause has precedence over the motion to amend, and may be offered while
an amendment is pending (V, 5328-5331; VIII, 2622-2624); but the motion
to amend takes precedence over a motion that the Committee of the Whole
rise and report the bill with the recommendation that it pass (July 27,
1937, p. 7699).

Sec. 927. Relation of the motion to amend to other
motions.

With some exceptions an amendment may attach itself to secondary
or privileged motions (V, 5754). Thus, the motions to postpone, refer,
amend, for a recess, and to fix the day to which the House shall adjourn
may be amended (V, 5754; VIII, 2824). But the motions for the previous
question, to lay on the table, to adjourn (V, 5754) and to go into
Committee of the Whole to consider a privileged bill may not be amended
(IV, 3078, 3079; VI, 723-725).

Germaneness
An amendment to the title of a bill is not in order in Committee of
the Whole (Jan. 29, 1986, p. 682).

928. Germane amendments.

7. No motion or proposition on a
subject different from that under consideration shall be admitted under
color of amendment.

This clause was adopted in 1789, and amended in 1822 (V, 5767, 5825).
Before the House recodified its rules in the 106th Congress, this clause
and clause 5(c) occupied a single former clause 7 (H. Res. 5, Jan. 6,
1999, p. 47).
[[Page 715]]
House during consideration of the special order (Feb. 24, 1993, p. 3542;
July 27, 1993, p. 17117). A resolution reported from the Committee on
Rules providing for the consideration of a bill relating to a certain
subject may be amended neither by an amendment that would substitute the
consideration of a different proposition (V, 5834-5836; VIII, 2956;
Sept. 14, 1950, p. 14844) nor by an amendment that would permit the
additional consideration of a nongermane amendment to the bill (May 29,
1980, pp. 12667-73; Aug. 13, 1982, p. 20972). The Chair will not
interpret as a point of order under a specific rule of the House an
objection to a substitute as narrowing the scope of a pending amendment,
absent some stated or necessarily implied reference to germaneness or
other rule (June 25, 1987, p. 17415). The burden of proof is on the
proponent of an amendment to establish its germaneness (VIII, 2995; July
10, 2000, p. 13605), and if an amendment is equally susceptible to more
than one interpretation, one of which will render it not germane, the
Chair will rule it out of order (June 20, 1975, p. 19967). The Chair
will not render an advisory opinion on whether a pending amendment is
germane, there being no occasion for a ruling (Apr. 6, 2011, p. _).
It introduced a principle not then known to the general parliamentary
law (V, 5825), but of high value in the procedure of the House (V,
5866). Before the adoption of rules, when the House is operating under
general parliamentary law, as modified by the usage and practice of the
House, an amendment may be subject to the point of order that it is not
germane to the proposition to which offered (Jan. 3, 1969, p. 23). The
principle of the rule applies to a proposition by which it is proposed
to modify the pending bill, and not to a portion of the bill itself (V,
6929); thus a point of order will not lie that an appropriation in a
general appropriation bill is not germane to the rest of the bill (Dec.
16, 1963, p. 24753). In general, an amendment simply striking words
already in a bill may not be ruled out as not germane (V, 5805; VIII,
2918) unless such action would expand the scope and meaning of the text
(VIII, 2917-2921; Mar. 23, 1960, p. 6381); and a pro forma amendment
``to strike the last word'' has been considered germane (July 28, 1965,
p. 18639). Although a committee may report a bill or resolution
embracing different subjects, it is not in order during consideration in
the House to introduce a new subject by way of amendment (V, 5825). The
rule that amendments should be germane applies to amendments reported by
committees (V, 5806), but a resolution providing for consideration of
the bill with committee amendments may waive points of order (Oct. 10,
1967, p. 28406), and the point of order under this rule does not apply
to a special order reported from the Committee on Rules ``self-
executing'' the adoption in the House of a nongermane amendment to a
bill, because the amendment is not separately before the

Sec. 929. Proposition to which amendment must be
germane.

Under the later practice an amendment should be germane to the
particular paragraph or section to which it is offered (V, 5811-5820;
VIII, 2922, 2936; Oct. 14, 1971, pp. 36194, 36211; Sept. 19, 1986, p.
24729), without reference to subject matter of other titles not yet read
(July 31, 1990, p. 20816), and an amendment inserting an additional
section should be germane to the portion of the bill to which it is
offered (V, 5822; VIII, 2927, 2931; July 14, 1970, pp. 24033-35), though
it may be germane to more than one portion of a bill (Mar. 27, 1974, p.
8508), and when offered as a separate paragraph is not required to be
germane to the paragraph immediately preceding or following it (VII,
1162; VIII, 2932-2935).

The test of germaneness in the case of a motion to recommit with
instructions is the relationship of the instructions to the bill taken
as a whole (and not merely to the separate portion of the bill
specifically proposed to be amended in the instructions) (Mar. 28, 1996,
p. 6932). A special order of business directing that certain matter be
added to the engrossment of a bill does not operate until passage of
that bill (Mar. 5, 2008, p. 3296).
[[Page 716]]
1985, p. 19436). Similarly, an amendment to a general appropriation bill
in the form of a limitation on funds therein but extending to activities
prescribed by laws unrelated to the functions of departments and
agencies addressed by the bill is not germane (July 10, 2000, p. 13605).
Subject to clause 2(c) of rule XXI (requiring that limitation
amendments to general appropriation bills be offered at the end of the
reading of the bill for amendment), an amendment limiting the use of
funds by a particular agency funded in a general appropriation bill may
be germane to the paragraph carrying the funds, or to any general
provisions portion of the bill affecting that agency or all agencies
funded by the bill (July 16, 1979, p. 18807). However, to a paragraph
containing funds for an agency but not transferring funds to that
account from other paragraphs in the bill, an amendment increasing that
amount by transfer from an account in another paragraph is not germane,
because affecting budget authority for a different agency not the
subject of the pending paragraph (July 17,
In passing on the germaneness of an amendment, the Chair considers the
relationship between the amendment and the bill as modified by the
Committee of the Whole (Apr. 23, 1975, p. 11545; July 8, 1987, p.
19013).
An amendment adding a new section to a bill being read by titles must
be germane to the pending title (Sept. 17, 1975, p. 28925), but if a
bill is considered as read and open to amendment at any point, an
amendment must be germane to the bill as a whole and not to a particular
section (Sept. 29, 1975, p. 30761; Jan. 30, 1986, p. 1052). If a title
of a bill is open to amendment at any point, the germaneness of an
amendment perfecting one section therein depends on its relationship to
the title as a whole and not merely on its relationship to the one
section (June 25, 1991, p. 16152). An amendment in the form of a new
title, when offered at the end of a bill containing several diverse
titles on a general subject, need not be germane to the portion of the
bill to which offered, it being sufficient that the amendment be germane
to the bill as a whole in its modified form (Nov. 4, 1971, p. 39267;
July 2, 1974, p. 22029; Sept. 18, 1975, p. 29322; July 11, 1985, p.
18601; Oct. 8, 1985, pp. 26548-51). Although the heading of the final
title of a bill as ``miscellaneous'' does not thereby permit amendments
to that title that are not germane thereto, the inclusion of
sufficiently diverse provisions in such title affecting various
provisions in the bill may permit further amendments that need only be
germane to the bill as a whole (Apr. 10, 1979, pp. 8034-37).
Under clause 10 of rule XXII, a portion of a conference report
incorporating part of a Senate amendment in the nature of a substitute
to a House bill, or incorporating part of a Senate bill that the House
has amended, must be germane to the bill in the form passed by the
House; thus where a House-passed bill contained several sections and
titles amending diverse portions of the Internal Revenue Code relating
to tax credits, a modified Senate provision adding a new section dealing
with another tax credit was held germane to the House-passed measure as
a whole (Speaker Albert, Mar. 26, 1975, p. 8900); but a Senate provision
in a conference report on a Senate bill with a House amendment in the
nature of a substitute which authorized appointment of a special
prosecutor for any criminal offenses committed by certain Federal
officials was held not germane to the House-passed bill, which related
to offenses directly related to official duties and responsibilities of
Federal officials (Oct. 12, 1978, pp. 36459-61).
[[Page 717]]
and an amendment to a substitute is not required to affect the same page
and line numbers as the substitute in order to be germane, it being
sufficient that the amendment is germane to the subject matter of the
substitute (Aug. 1, 1979, pp. 21944-47). When an amendment in the nature
of a substitute is offered at the end of the first section of a bill,
the test of germaneness is the relationship between the amendment and
the entire bill, and the germaneness of an amendment in the nature of a
substitute for a bill is not necessarily determined by an incidental
portion of the amendment that, if offered separately, might not be
germane to the portion of the bill to which offered (July 8, 1975, p.
21633).
The test of germaneness of an amendment to or a substitute for an
amendment in the nature of a substitute is its relationship to the
substitute and not its relationship to the bill to which the amendment
in the nature of a substitute has been offered (July 19, 1973, p. 24958;
July 22, 1975, p. 23990; June 1, 1976, pp. 16051-56; July 28, 1982, pp.
18355-58, 18361),
The test of germaneness of an amendment offered as a substitute for a
pending amendment is its relationship to the pending amendment and not
its relationship to the underlying bill (Feb. 14, 1995, p. 4714).
An amendment germane to the bill as a whole, but hardly germane to any
one section, may be offered at an appropriate place with notice of
motions to strike the following sections that it would supersede (V,
5823; July 29, 1969, p. 21221). If a perfecting amendment to the text is
offered pending a vote on a motion to strike the same text, the
perfecting amendment must be germane to the text to which offered, not
to the motion to strike (Oct. 3, 1969, p. 28454).

Sec. 930. Instructions to committees and amendments
thereto.

The rule that amendments must be germane applies to amendments to
the instructions in a motion to instruct conferees (VIII, 3230, 3235),
and the test of germaneness of an amendment to a motion to instruct
conferees, in addition to the measurement of scope of conference, is the
relationship of the amendment to the subject matter of the House or
Senate version of the bill (Deschler-Brown, ch. 28, Sec. 28.2). The rule
of germaneness similarly applies to the instructions in a motion to
recommit a bill to a committee of the House, because it is not in order
to propose as part of a motion to recommit any proposition that would
not have been germane if proposed as an amendment to the bill in the
House (V, 5529-5541; VIII, 2708-2712; Mar. 2, 1967, p. 5155), and the
instructions must be germane to the bill as perfected in the House (Nov.
19, 1993, p. 30513), even if the instructions do not propose a direct
amendment to the bill but merely direct the committee to pursue an
unrelated approach (Speaker O'Neill, Mar. 2, 1978, p. 5272; July 16,
1991, p. 18397) or direct the committee not to report the bill back to
the House until an unrelated contingency occurs (VIII, 2704). Under the
same rationale as amendments to a motion to instruct conferees,
amendments to a motion to recommit to a standing committee with
instructions must be germane to the subject matter of the bill (see V,
6888; VIII, 2711).

[[Page 718]]
The fact that an amendment is offered in conjunction with a motion to
recommit a bill with instructions to a standing committee does not
affect the requirement that the subject matter of the amendment be
germane and within the jurisdiction of the committee reporting the bill
(Mar. 2, 1967, p. 5155; July 16, 1991, p. 18397).
[[Page 719]]

In the consideration of Senate amendments to a House
bill an amendment must be germane to the particular Senate amendment to
which it is offered (V, 6188-6191; VIII, 2936; May 14, 1963, p. 8506;
Dec. 13, 1980, p. 34097), and it is not sufficient that an amendment to
a Senate amendment is germane to the original House bill if it is not
germane to the subject matter of a Senate amendment that merely inserts
new matter and does not strike House provisions (V, 6188; VIII, 2936).
But if a Senate amendment proposes to strike language in a House bill,
the test of the germaneness of a motion to recede and concur with an
amendment is the relationship between the language in the motion and the
provisions in the House bill proposed to be stricken, as well as those
to be inserted, by the Senate amendment (June 8, 1943, p. 5511; June 15,
1943, p. 5899; Dec. 12, 1974, p. 39272). The test of the germaneness of
an amendment to a motion to concur in a Senate amendment with an
amendment is the relationship between the amendment and the motion, and
not between the amendment and the Senate amendment to which the motion
has been offered (Aug. 3, 1973, Deschler-Brown, ch. 28, Sec. 27.6).
Formerly, a Senate amendment was not subject to the point of order that
it was not germane to the House bill (VIII, 3425), but under changes in
the rules points of order may be made and separate votes demanded on
portions of Senate amendments and conference reports containing language
that would not have been germane if offered in the House. Clause 10 of
rule XXII permits points of order against language in a conference
report that was originally in the Senate bill or amendment and that
would not have been germane if offered to the House-passed version, and
permits a separate motion to reject such portion of the conference
report if found nongermane (Oct. 15, 1986, p. 31498). For purposes of
that rule, the House-passed version, against which Senate provisions are
compared, is that finally committed to conference, taking into
consideration all amendments adopted by the House, including House
amendments to Senate amendments (July 28, 1983, p. 21401). Clause 10 of
rule XXII permits points of order against motions to concur or concur
with amendment in nongermane Senate amendments, the stage of
disagreement having been reached, and, if such points of order are
sustained, permits separate motions to reject such nongermane matter.
Clause 10 of rule XXII is not applicable to a provision contained in a
motion to recede and concur with an amendment (the stage of disagreement
having been reached) that is not contained in any form in the Senate
version, the only requirement in such circumstances being that the
motion as a whole be germane to the Senate amendment as a whole under
clause 7 of rule XVI (Oct. 4, 1978, pp. 33502-06; June 30, 1987, p.
18294).

[[Page 720]]
and the United States (Nov. 6, 1997, p. 24824); to a resolution
authorizing the deployment of troops to implement a peace agreement, an
amendment expressing support for the armed forces in carrying out such
mission (Mar. 11, 1999, p. 4301); to a bill addressing enforcement of
State liquor laws, an amendment addressing enforcement of State firearm
laws (Aug. 3, 1999, p. 19213); to a bill addressing taxation under the
Internal Revenue Code, a motion to recommit with instructions extending
unemployment insurance benefits (May 9, 2003, p. 11110 (sustained by
tabling of appeal)); to a bill reauthorizing the National Transportation
Safety Board, an amendment extending unemployment insurance benefits
(May 15, 2003, p. 11955 (sustained on appeal)); to an immigration bill
addressing (1) issues of admissibility, detention, removal, and
deportation of various classes of aliens (Sept. 21, 2006, pp. 18860-62
(sustained by tabling of appeal)) or (2) improvements in enforcement and
judicial proceedings (Sept. 21, 2006, p. 18876-78), a motion to recommit
with instructions proposing an increase in the number of U.S. Marshals;
to a bill confined to housing-related matters, an amendment providing
funding for various infrastructure projects (May 17, 2007, pp. 13224,
13225); to a bill settling land claims of two tribal communities in a
state, a motion to recommit with instructions broaching fuel procurement
by federal agencies (June 25, 2008, pp. 13754, 13755 (sustained by
tabling of appeal)); to a bill addressing economic stabilization and
assistance funds and housing matters, a motion to recommit with
instructions addressing the solvency of various Social Security trust
funds (Jan. 21, 2009, pp. 1212, 1213 (sustained by tabling of appeal));
to a bill addressing small business investment programs, a motion to
recommit with instructions expressing the sense of the House on the
consideration of appropriation bills (July 8, 2009, p. 17083 (sustained
by tabling of appeal)); to a bill addressing water recycling projects in
one geographic area, a motion to recommit with instructions addressing
water availability under a project in a different geographic area (Oct.
15, 2009, pp. 25006, 25007 (sustained by tabling of appeal)); to a bill
confined to one mortgage refinancing program, an amendment (1) adding
findings regarding mortgages more broadly (Mar. 10, 2011, p. _), (2)
establishing a new mortgage refinancing program (Mar. 10, 2011, p. _),
(3) requiring a study of mortgages more broadly (Mar. 10, 2011, p. _),
(4) addressing foreclosure generally (Mar. 10, 2011, p. _), and (5)
addressing compensation within the financial services industry (Mar. 10,
2011, p. _); to a joint resolution disapproving a Federal Communications
Commission regulation, a motion to recommit with instructions further
continuing appropriations for the current fiscal year (Apr. 8, 2011, p.
_ (sustained by tabling of appeal)).

Sec. 932. Subject matter as test of
germaneness.

An amendment must relate to the subject matter under
consideration. Thus, the following are not germane: to a bill seeking to
eliminate wage discrimination based on the sex of the employee, an
amendment to make the provisions of the bill applicable to
discrimination based on race (July 25, 1962, p. 14778); to a bill
establishing an office in the Department of the Interior to manage
biological information, an amendment addressing socioeconomic matters
(Oct. 26, 1993, p. 26082); to a bill authorizing military assistance to
Israel and funds for the United Nations emergency force in the Middle
East, an amendment expressing the sense of Congress that the President
conduct negotiations to obtain a peace treaty in the Middle East and the
resumption of diplomatic and trade relations between Arab nations and
the United States and Israel (Dec. 11, 1973, p. 40842); to a concurrent
resolution expressing congressional concern over certain domestic
policies of a foreign government and urging that government to improve
those internal problems in order to enhance better relations with the
United States, amendments expressing the necessity for United States
diplomatic initiatives as a consequence of that foreign government's
policies (July 12, 1978, pp. 20500-05); to a resolution amending several
clauses of a rule of the House but confined in its scope to the issue of
access to committee hearings and meetings, an amendment to another
clause of that rule relating to committee staffing (Mar. 7, 1973, p.
6714); to a title of a bill that only addresses the administrative
structure of a new department and not its authority to carry out
transferred programs, an amendment prohibiting the department from
withholding funds to carry out certain objectives (June 12, 1979, p.
14485); to an amendment authorizing the use of funds for a specific
study, an amendment naming any program established in the bill for an
unrelated purpose for a specified Senator (Aug. 15, 1986, p. 22075); to
one of two reconciliation bills reported by the Budget Committee, an
amendment making a prospective indirect change to the other
reconciliation bill not then pending before the House (June 25, 1997, p.
12488); to a joint resolution continuing appropriations for the current
fiscal year, a motion to recommit with instructions to revise the
reconciliation instructions in the concurrent resolution on the budget
(Sept. 29, 2005, p. 21795); to a general appropriation bill, an
amendment in the form of a limitation on funds therein for activities
unrelated to the functions of departments and agencies addressed by the
bill (July 10, 2000, p. 13605); to a bill reauthorizing the National Sea
Grant College Program, a proposal to amend existing law to provide for
automatic continuation of appropriations in the absence of timely
enactment of a regular appropriation bill (June 18, 1997, p. 11333); to
a bill regulating immigration, an amendment reaffirming an agreement
with Japan (VIII, 3050); to a bill opposing concessional loans to a
country and outlining principles governing the conduct of industrial
cooperation projects of U.S. nationals in that country, an amendment
waiving provisions of other law by requiring changes in tariff schedules
to achieve overall trade reciprocity between that country

[[Page 721]]
a board of inquiry, an amendment specifying when it shall report (V,
5915); to a bill relating to ``oleomargarine and other imitation dairy
products,'' an amendment on the subject of ``renovated butter'' (V,
5919); to a resolution rescinding an order for final adjournment, an
amendment fixing a new date therefor (V, 5920); to a proposition
directing a feasibility investigation, an amendment requiring the
submission of legislation to implement that investigation (Dec. 14,
1973, p. 41747); and to a section of a bill prescribing the functions of
a new Federal Energy Administration by conferring wide discretionary
powers upon the Administrator, an amendment directing the Administrator
to issue preliminary summer guidelines for citizen fuel use (as a
further delineation of those functions) (Mar. 6, 1974, p. 5436).
An amendment that is germane, not being ``on a subject different from
that under consideration,'' belongs to a class illustrated by the
following: to a bill providing for an interoceanic canal by one route,
an amendment providing for a different route (V, 5909); to a bill
providing for the reorganization of the Army, an amendment providing for
the encouragement of marksmanship by enlisted personnel (V, 5910); to a
proposition to create
A bill comprehensively addressing a subject requires careful analysis
to determine whether an amendment addresses a different subject. For
example, to an amendment in the nature of a substitute comprehensively
amending several sections of the Clean Air Act with respect to the
impact of shortages of energy resources on standards imposed under that
Act, an amendment to another section of the Act suspending temporarily
the authority of the Administrator of the EPA to control automobile
emissions was held germane (Dec. 14, 1973, p. 41688). On the other hand,
to a bill comprehensively restructuring the production and distribution
of food, an amendment proposed in a motion to recommit to provide
nutrition assistance, including food stamps and soup kitchen programs,
was held not germane (Feb. 29, 1996, p. 3257).
[[Page 722]]
against a person who has violated a State law regulating intoxicating
liquor, an amendment singling out certain violations of liquor laws on
the basis of their regard for any and all firearms issues is not germane
(Aug. 3, 1999, p. 19213). Similarly, to a bill appropriating for only
one fiscal year (and containing no provisions extending beyond that
fiscal year), an amendment to extend an appropriation to another fiscal
year is not germane (June 20, 2001, pp. 11233, 11234).

Sec. 933. Fundamental purpose as test of
germaneness.

The fundamental purpose of an amendment must be germane to
the fundamental purpose of the bill (VIII, 2911). The Chair discerns the
fundamental purpose of a bill by examining the text of the bill and its
report language (Deschler-Brown, ch. 28, Sec. 5.6; Aug. 3, 1999, p.
19213), rather than the motives that circumstances may suggest (V, 5783,
5803; Dec. 13, 1973, pp. 41267-69; Aug. 15, 1974, p. 28438). To a bill
that comprehensively addresses a subject, an amendment that relates to
that subject matter may not be ruled out as nongermane merely because
the amendment may be characterized as private legislation benefitting
certain individuals offered to a public bill (May 30, 1984, p. 14495).
Similarly, to a bill proposing to accomplish a result by methods
comprehensive in scope, an amendment in the nature of a substitute
seeking to achieve the same result was held germane where it was shown
that additional provisions not contained in the original bill were
merely incidental conditions or exceptions that were related to the
fundamental purpose of the bill (Aug. 2, 1973, pp. 27673-75; July 8,
1975, p. 21633; Sept. 29, 1980, pp. 27832-52). On the other hand, an
amendment may relate to the same subject matter yet still stray from
adherence to a common fundamental purpose. For example, an amendment
singling out one constituent element of a larger subject for specific
and unrelated scrutiny is not germane. Thus, to a bill authorizing a
State attorney general to bring a civil action in Federal court

[[Page 723]]
with instructions allowing the preemptive purchase of food related to
activities in the bill (July 30, 2009, pp. 20201, 20202).
In order to be germane, an amendment must not only have the same end
as the matter sought to be amended, but must contemplate a method of
achieving that end that is closely allied to the method encompassed in
the bill or other matter sought to be amended (Aug. 11, 1970, p. 28165).
Thus the following are germane: to a bill raising revenue by several
methods of taxation, an amendment proposing a tax on undistributed
profits (the Committee of the Whole overruling the Chair) (VII, 3042);
to a proposition to accomplish a result through regulation by a
governmental agency, an amendment to accomplish the same fundamental
purpose through regulation by another governmental agency (Dec. 15,
1937, pp. 1572-89; June 9, 1941, p. 4905; Dec. 19, 1973, p. 42618); to a
bill to achieve a certain purpose by conferring discretionary authority
to set fair labor standards upon an independent agency, an amendment in
the nature of a substitute to attain that purpose by a more inflexible
method (prescribing fair labor standards) (Dec. 15, 1937, pp. 1590-94;
Oct. 14, 1987, p. 27885); to a proposition to accomplish the broad
purpose of settling land claims of Alaska natives by a method general in
scope, an amendment accomplishing the same purpose by a method more
detailed in its provisions (Oct. 20, 1971, p. 37079); to an amendment
comprehensively amending the Natural Gas Act to deregulate interstate
sales of new natural gas and regulate aspects of intrastate gas use, a
substitute providing regulatory authority for interstate and intrastate
gas sales of large producers (Feb. 4, 1976, p. 2387); to a bill
providing a temporary extension of existing authority, an amendment
achieving the same purpose by providing a nominally permanent authority
was held germane where both the bill and the amendment were based on
reported economic projections under which either would achieve the same,
necessarily temporary result by method of direct or indirect amendment
to the same existing law (May 13, 1987, p. 12344); to a bill subjecting
employers who fail to apprise their workers of health risks to penalties
under other laws and regulations, a substitute subjecting such employers
to penalties prescribed in the substitute itself (Oct. 14, 1987, p.
27885); to an amendment freezing the obligation of funds for fiscal year
1996 for missile defense until the Secretary of Defense rendered a
specified readiness certification, an amendment permitting an increase
in the obligation of such funds on the basis of legislative findings
concerning readiness, because each proposition addressed the
relationship between 1996 funding levels for missile defense and
readiness (Feb. 15, 1995, p. 5026); to a bill improving food safety
through a myriad of methods including the tracing of food origins,
recalls of food, and quarantine of food, a motion to recommit
[[Page 724]]
uals for employment opportunities, an amendment providing instead for
tax incentives to stimulate employment (also within the jurisdiction of
a different committee) (Sept. 21, 1983, p. 25145); to a bill relating to
one government agency, an amendment having as its fundamental purpose a
change in the law relating to another agency, even though it
contemplated a consultative role for the agency covered by the bill
(July 8, 1987, p. 19014); to a proposition changing congressional budget
procedures to require consideration of balanced budgets, an amendment
changing concurrent resolutions on the budget to joint resolutions,
thereby bringing executive enforcement mechanisms into play (July 18,
1990, p. 17920); to a bill to promote technological advancement by
fostering Federal research and development, and amendment exhorting to
do so by changes in tax and antitrust laws (July 16, 1991, p. 18397); to
a bill extending unemployment compensation benefits during a period of
economic recession, an amendment to stimulate economic growth by tax
incentives and regulatory reform (Sept. 17, 1991, p. 23156); to a bill
providing new budget authority, a motion to recommit with instructions
to change a direct appropriation of new budget authority from the
general fund into a reappropriation (in effect a rescission) of funds
previously appropriated for an entirely different purpose in a special
reserve account (Feb. 28, 1985, p. 4146); to a bill addressing substance
abuse through prevention and treatment, an amendment imposing civil
penalties on drug dealers (Sept. 16, 1998, p. 20587); to a resolution
impeaching the President, an amendment censuring the President (Dec. 19,
1998, p. 28107); to a bill authorizing a State attorney general to bring
a civil action in Federal court against a person who has violated a
State law regulating intoxicating liquor, an amendment creating new
Federal laws to regulate intoxicating liquor (Aug. 3, 1999, p. 19216);
to a bill addressing persons convicted of sex offenses against children
with criminal punishment, an amendment addressing such perpetrators by
treatment and rehabilitation (Mar. 14, 2002, p. 3203).
However, an amendment to accomplish a similar purpose by an unrelated
method not contemplated by the bill is not germane. Thus, the following
are not germane: to a bill providing relief to foreign countries through
government agencies, an amendment providing for relief to be made
through the International Red Cross (Dec. 10, 1947, pp. 11242-44); to a
bill to aid in the control of crime through research and training, an
amendment to accomplish that result through regulation of the sale of
firearms (Aug. 8, 1967, pp. 21846-50); to a bill providing assistance to
Vietnam war victims, amendments containing foreign policy declarations
as to culpability in the war (Apr. 23, 1975, p. 11510); to a bill
conserving energy by civil penalties on manufacturers of autos with low
gas mileage, an amendment conserving energy by tax rebates to purchasers
of high-mileage autos (June 12, 1975, p. 18695); to a proposition whose
fundamental purpose was registration and public disclosure by, but not
regulation of the activities of, lobbyists, amendments prohibiting
lobbying in certain places, restricting monetary contributions by
lobbyists, and providing civil penalties for violating Rules of the
House in relation to floor privileges (Sept. 28, 1976, p. 33070) (but to
a similar bill, an amendment requiring disclosure of any lobbying
communication made on the floor of the House or Senate or in adjoining
rooms, but not regulating such conduct, was held germane (Apr. 26, 1978,
p. 11641)); to a bill seeking to accomplish a purpose by one method
(creation of an executive branch agency), an amendment accomplishing
that result by a method not contemplated in the bill (creation of office
within legislative branch as function of committee oversight) (Nov. 5,
1975, p. 35041); to a bill authorizing foreign military assistance
programs, an amendment authorizing contributions to an international
agency for nuclear missile inspections (Mar. 3, 1976, p. 5226); to a
joint resolution proposing a constitutional amendment for representation
of the District of Columbia in Congress, a motion to recommit with
instructions that the Committee on the Judiciary consider a resolution
retroceding populated portions of the District to Maryland (Speaker
O'Neill, Mar. 2, 1978, p. 5272, implicitly overruling V, 5582); to a
bill prohibiting poll taxes, a motion to recommit the bill with
instructions that the committee report it back in the form of a joint
resolution amending the Constitution to accomplish the purpose of the
bill (Deschler-Brown, ch. 28, Sec. 23.8); to an amendment to achieve a
national production goal for synthetic fuels for national defense needs
by loans and grants and development of demonstration synthetic fuel
plants, a substitute to require by regulation that any fuel sold in
commerce require a certain percentage of synthetic fuels (also broader
in scope) (June 26, 1979, pp. 16663-74); to a bill to provide financial
assistance to domestic agriculture through price support payments, an
amendment to protect domestic agriculture by restricting imports in
competition therewith (also within the jurisdiction of another
committee) (Oct. 14, 1981, p. 23899); to a bill authorizing financial
assistance to unemployed individ
[[Page 725]]
(matters within the jurisdiction of other House committees) (Nov. 7,
1973, p. 36240); to a bill relating to intelligence activities of the
executive branch, an amendment effecting a change in the Rules of the
House by directing a committee to impose an oath of secrecy on its
members and staff (May 1, 1991, p. 9669); to a joint resolution
continuing appropriations for the current fiscal year, a motion to
recommit with instructions to revise the reconciliation instructions in
the concurrent resolution on the budget (Sept. 29, 2005, p. 21795); to a
bill reported by the Committee on Government Operations creating an
executive agency to protect consumers, an amendment conferring on
congressional committees with oversight over consumer protection the
authority to intervene in judicial or administrative proceedings (a
rulemaking provision within the jurisdiction of the Committee on Rules)
(Nov. 6, 1975, p. 35373); to a proposition reported from the Committee
on Public Works and Transportation authorizing funds for local public
works employment, an amendment to mandate expenditure of already
appropriated funds (as a purported disapproval of deferral of such funds
under the Impoundment Control Act of 1974) and to set discount rates for
reclamation and public works projects, subjects within the jurisdictions
of the Committees on Appropriations and Interior and Insular Affairs
(May 3, 1977, p. 13242); to a bill reported from the Committee on Armed
Services authorizing military procurement and personnel strengths for
one fiscal year, an amendment imposing permanent prohibitions and
conditions on troop withdrawals from the Republic of Korea because
including statements of policy within the jurisdiction of the Committee
on Foreign Affairs (May 24, 1978, pp. 15293-95); to a bill reported from
the Committee on Government Operations creating a new department,
transferring the administration of existing laws to it, and authorizing
appropriations to carry out the Act subject to provisions in existing
law, an amendment prohibiting the use of funds so authorized to carry
out a designated funding program transferred to the department, where
the purpose of the authorization is to allow appropriations in general
appropriation bills for the department to carry out its functions but
where changes in the laws to be administered by the department remain
within the jurisdiction of other committees of the House (June 19, 1979,
p. 15570); to a bill reported by the Committee on Public Works
authorizing funds for highway construction and mass transportation
systems using motor vehicles, an amendment relating to urban mass
transit (then within the jurisdiction of the Committee on Banking and
Currency) and the railroad industry (then within the jurisdiction of the
Committee on Interstate and Foreign Commerce) (Oct. 5, 1972, p. 34115);
to a bill reported from the Committee on Interior and Insular Affairs
designating certain areas in a State as wilderness, an amendment
providing unemployment benefits to workers displaced by the designation
(Mar. 21, 1983, p. 6347); to a bill reported from the Committee on
Science and Technology authorizing environmental research and
development activities of an agency, an amendment expressing the sense
of Congress with respect to that agency's regu
[[Page 726]]
latory and enforcement authority, within the jurisdiction of the
Committee on Energy and Commerce (Feb. 9, 1984, p. 2423); to a bill
authorizing environmental research and development activities of an
agency for two years, an amendment adding permanent regulatory authority
for that agency by amending a law not within the jurisdiction of the
committee reporting the bill (June 4, 1987, p. 14757); to a bill
reported from the Committee on Education and Labor dealing with
education, an amendment regulating telephone communications (a matter
within the jurisdiction of the Committee on Energy and Commerce) (Apr.
19, 1988, p. 7355); to a bill addressing various research programs and
authorities, an amendment addressing matters of fiscal and economic
policy and regulation (July 16, 1991, p. 18391; Sept. 22, 1992, pp.
26734, 26741); to a bill reported from the Committee on Ways and Means
addressing unemployment compensation, an amendment addressing stimuli
for economic growth involving the jurisdictions of the Committees on
Banking, Finance, and Urban Affairs and the Judiciary (Sept. 17, 1991,
p. 23177); to a bill reported from the Committee on Armed Services
amending several laws within that committee's jurisdiction on military
procurement and policy, an amendment to the Renegotiation Act, a matter
within the jurisdiction of the Committee on Banking, Finance and Urban
Affairs and not solely related to military contracts (June 26, 1985, pp.
17417-19) and an amendment requiring reports on Soviet Union compliance
with arms control commitments, a matter exclusively within the
jurisdiction of the Committee on Foreign Affairs (Deschler-Brown, ch.
28, Sec. 4.26); to a bill reported from the Committee on Energy and
Commerce relating to mentally ill individuals, an amendment prohibiting
the use of general revenue sharing funds (within the jurisdiction of the
Committee on Government Operations) (Jan. 30, 1986, p. 1053); to a bill
reported from the Committee on Merchant Marine and Fisheries authorizing
various activities of the Coast Guard, an amendment urging the Secretary
of State in consultation with the Coast Guard to elicit cooperation from
other nations concerning certain Coast Guard and military operations (a
matter within the jurisdiction of the Committee on Foreign Affairs)
(July 8, 1987, p. 19013); to a bill reported by the Committee on
Banking, Finance and Urban Affairs dealing with housing and community
development grant and credit programs, an amendment expressing the sense
of Congress on tax policy (the deductibility of mortgage interest), a
matter within the jurisdiction of the Committee on Ways and Means (Aug.
1, 1990, p. 21256); to a bill reported from the Committee on Education
and Labor authorizing a variety of civilian national service programs,
an amendment establishing a contingent military service obligation (a
matter within the selective service jurisdiction of the Committee on
Armed Services) (July 28, 1993, p. 17398); to a bill reauthorizing
programs administered by two agencies within one committee's
jurisdiction, an amendment more general in scope affecting agencies
within the jurisdiction of other committees (May 12, 1994, p. 10024); to
a bill reported by the Committee on Transportation and Infrastructure
reforming and privatizing Amtrak,
[[Page 727]]
an amendment rescinding previously appropriated funds for certain
administrative expenses, a matter within the jurisdiction of the
Committee on Appropriations (Nov. 30, 1995, p. 35071); to a measure
expressing a sense of Congress with respect to the availability of
public funds for expenses incurred in the evaluation of a problem, an
amendment addressing legislative responses to that problem, within the
jurisdiction of other committees (Feb. 4, 1998, p. 794); to a bill
reported from Government Reform and Oversight proposing to alter
responsibilities of executive branch agencies under an existing law, an
amendment proposing to extend the application of that law to entities of
the legislative branch, a matter within the jurisdiction of the
Committee on House Administration (Mar. 12, 1998, p. 3389); to a
resolution authorizing the deployment of troops to implement a peace
agreement within the jurisdiction of the Committee on Foreign Affairs,
an amendment expressing support for the armed forces carrying such
mission within the jurisdiction of both the Committees on Armed Services
and Foreign Affairs (Mar. 11, 1999, p. 4301); to a bill addressing
certain diplomatic efforts to curb alleged price-fixing in the global
oil market within the jurisdiction of the Committee on Foreign Affairs,
an amendment proposing to suspend oil exportation through changes to the
Mineral Leasing Act within the jurisdiction of the Committee on Natural
Resources and an amendment proposing to change the Energy Policy and
Conservation Act to reauthorize Presidential authority to draw down the
strategic petroleum reserve, a matter within the jurisdiction of the
Committee on Energy and Commerce (Mar. 22, 2000, p. 3281); to a bill
confined to tax issues within the jurisdiction of the Committee on Ways
and Means, a motion to recommit with instructions to report an amendment
addressing the minimum wage, a matter within the jurisdiction of the
Committee on Education and the Workforce (June 22, 2006, p. 12298
(sustained by tabling of appeal)), or vice versa (Jan. 10, 2007, p. 787
(sustained by tabling of appeal)); to several individual bills on
various topics within the jurisdiction of various other committees, an
amendment addressing the Foreign Intelligence Surveillance Act of 1978,
a matter within the jurisdiction of the Committee on the Judiciary and
the Permanent Select Committee on Intelligence (July 12, 2007, pp.
18843, 18844; Feb. 26, 2008, p. 2482; Feb. 27, 2008, pp. 2627, 2637,
2638; Mar. 5, 2008, pp. 3295, 3296; Mar. 6, 2008, pp. 3402, 3403 (in
each case sustained by tabling of appeal); Apr. 16, 2008, pp. 6208, 6219
(sustained on appeal)); to a bill studying two rivers under the Wild and
Scenic Rivers Act, and issues related thereto, within the jurisdiction
of the Committee on Natural Resources, a motion to recommit with
instructions addressing comprehensive energy legislation touching
several other committees' jurisdictions (Sept. 10, 2008, pp. 18416,
18417 (sustained by tabling of appeal)); to a bill confined to taxation
issues within the jurisdiction of the Committee on Ways and Means, a
motion to recommit with instructions addressing laws within the
jurisdiction of the Committees on Agriculture, Natural Resources, and
Education and Labor (Sept. 26, 2008, pp. 22060, 22061 (sustained by
tabling of appeal)); to a bill ad
[[Page 728]]
dressing payments to physicians under the Medicare program and confined
to the jurisdiction of the Committees on Energy and Commerce and Ways
and Means, a motion to recommit with instructions addressing medical
malpractice reform within the jurisdiction of the Committee on the
Judiciary (Nov. 19, 2009, p. _ (sustained by tabling of appeal)); to a
defense authorization bill addressing subjects in the jurisdiction of
the Committee on Armed Services and several other committees, a motion
to recommit with instructions broaching benefits of legislative branch
employees within the jurisdiction of another committee (the Committee on
House Administration) (May 28, 2010, p. _ (sustained by tabling of
appeal)); to a bill addressing various benefits in the jurisdiction of
committees other than the Committee on Appropriations, an amendment
proposed in a motion to recommit rescinding appropriations carried in a
prior appropriation Act (July 1, 2010, p. _ (sustained by tabling of
appeal)); to a bill addressing a mortgage refinancing program within the
jurisdiction of the Committee on Financial Services, an amendment
modifying an income tax deduction within the jurisdiction of the
Committee on Ways and Means (Mar. 10, 2011, p. _).

Sec. 934. Committee jurisdiction as test of
germaneness.

An amendment when considered as a whole should be within the
jurisdiction of the committee reporting the bill (Jan. 29, 1976, p.
1582; July 25, 1979, pp. 20601-03; June 27, 1985, pp. 17417-19),
although committee jurisdiction over the subject of an amendment and of
the original bill is not the exclusive test of germaneness (Aug. 2,
1973, pp. 27673-75), and the Chair relates the amendment to the bill in
its perfected form (Aug. 17, 1972, p. 28913). Thus, the following are
not germane: to a bill reported from the Committee on Agriculture
providing price support programs for various agricultural commodities,
an amendment repealing price control authority for all commodities under
an act reported from the Committee on Banking and Currency (July 19,
1973, p. 24950); to a bill reported from the Committee on Ways and Means
providing for a temporary increase in the public debt ceiling for the
current fiscal year (not directly amending the Second Liberty Bond Act),
an amendment proposing permanent changes in that Act and also affecting
budget and appropriation procedures

[[Page 729]]
Committee jurisdiction is not the sole test of germaneness where: (1)
the proposition to which the amendment is offered is so comprehensive
(overlapping several committees' jurisdictions) as to diminish the
pertinency of that test; (2) the amendment does not demonstrably affect
a law within another committee's jurisdiction (July 21, 1976, p. 23167;
Oct. 8, 1985, pp. 26548-51); (3) the portion of the bill also contains
language, related to the amendment, not within the jurisdiction of the
committee reporting the bill (Apr. 2, 1976, p. 9254; Aug. 10, 1984, p.
23975); or (4) the bill has been amended to include matter within the
jurisdiction of another committee thus rendering further similar
amendments germane (July 11, 1985, p. 18601; Sept. 19, 1986, p. 24769).
Thus, to a bill reported from the Committee on Agriculture relating to
the food stamp program, an amendment requiring the Secretary of the
Treasury, after consultation with the Secretary of Agriculture, to
collect from certain recipients the monetary value of food stamps
received was held germane because the performance of new duties by the
Secretary of the Treasury and by the Internal Revenue Service not
affecting the application of the Internal Revenue Code is not a matter
solely within the jurisdiction of the Committee on Ways and Means (July
27, 1977, pp. 25249-52). On the other hand, to a comprehensive farm bill
authorizing a variety of programs within the jurisdiction of the
Committees on Agriculture and Foreign Affairs, and amended to include
matter within the jurisdiction of the Committee on Energy and Commerce
(but not amending laws within the jurisdiction of other committees), an
amendment proposing to alter an existing interstate dairy compact and
grant consent to additional compacts, matters within the jurisdiction of
the Committee on the Judiciary, is not germane (Oct. 4, 2001, pp. 18797,
18809).
To a bill amending an existing law to grant to merchant mariners
benefits substantially equivalent to those granted to veterans in a
separate law in the jurisdiction of another committee, an amendment
directly changing the separate law to extend its benefits to merchant
mariners was held not germane (Sept. 9, 1992, p. 23951); but if the
pending bill incorporates by reference provisions of a law from another
committee and conditions the bill's effectiveness upon actions taken
pursuant to a section of that law, an amendment to alter that section of
the law may be germane (Apr. 8, 1974, pp. 10108-10).
The test of the germaneness of an amendment in the nature of a
substitute for a bill is its relationship to the bill as a whole, and is
not necessarily determined by the content of an incidental portion of
the amendment that, if considered separately, might be within the
jurisdiction of another committee (Aug. 2, 1973, p. 27673; June 1, 1976,
pp. 16021-25). However, the House may by adopting a special rule allow a
point of order that a section of a committee amendment in the nature of
a substitute would not have been germane if offered separately to the
bill as introduced (May 23, 1978, pp. 15094-96; May 24, 1978, pp. 15293-
95; Aug. 11, 1978, p. 25705).
The fact that an amendment is offered in conjunction with a motion to
recommit a bill with instructions does not affect the requirement that
the subject matter of the amendment be germane and within the
jurisdiction of the committee reporting the bill (Mar. 2, 1967, p.
5155). Thus the following are not germane: to a bill reported from the
Committee on Foreign Affairs addressing U.S. claims against Iraq, a
motion to recommit with instructions to prohibit the admission of former
members of Iraq's armed forces to the United States as refugees (a
matter within the jurisdiction of the Committee on the Judiciary) (Apr.
28, 1994, p. 8803); and to a bill amending a law reported by the
Committee on Banking and Financial Services opposing concessional loans
to a country and outlining principles governing the conduct of
industrial cooperation projects of U.S. nationals in that country, an
amendment proposed in a motion to recommit waiving provisions of other
law by requiring changes in tariff schedules to achieve overall trade
reciprocity between that country and the United States (a subject within
the jurisdiction of the Committee on Ways and Means) (Nov. 6, 1997, p.
24824).
[[Page 730]]
titute citizens of the United States in Cuba, a proposition declaring a
state of war in Cuba and proclaiming neutrality (V, 5897); to a
proposition for the appointment of a select committee to investigate a
certain subject, an amendment proposing an inquiry of the executive on
that subject (V, 5891); to a bill granting a right of way to a railroad,
an amendment providing for the purchase of the railroad by the
Government (V, 5887); to a provision for the erection of a building for
a mint, an amendment to change the coinage laws (V, 5884); to a
resolution proposing expulsion, an amendment proposing censure (VI,
236); to a resolution authorizing the administration of the oath to a
Member-elect, an amendment authorizing such oath administration but
adding several conditions of punishment predicated on acts committed in
a prior Congress (Jan. 3, 1969, pp. 23-25); to a general tariff bill, an
amendment creating a tariff board (May 6, 1913, p. 1234; Speaker Clark,
May 8, 1913, p. 1381); to a proposition to sell two battleships and
build a new battleship with the proceeds, a proposition to devote the
proceeds to building wagon roads (VIII, 2973); to a bill authorizing a
State attorney general to bring a civil action in Federal court against
a person who has violated a State law regulating intoxicating liquor, an
amendment singling out certain violations of liquor laws on the basis of
their regard for any and all firearms issues (Aug. 3, 1999, p. 19213).

Sec. 935. Various tests of germaneness are not
exclusive.

The standards by which the germaneness of an amendment may be
measured, as set forth in Sec. Sec. 932-934, supra, are not exclusive;
an amendment and the matter to which offered may be related to some
degree under the tests of subject matter, purpose, and jurisdiction, and
still not be considered germane under the precedents. Thus, the
following have been held not to be germane: to a proposition relating to
terms of Senators, an amendment changing the manner of their election
(V, 5882); to a bill relating to commerce between the States, an
amendment relating to commerce within the several States (V, 5841); to a
proposition to relieve des

[[Page 731]]
that body, a proposed House amendment for use of the House contingent
fund for a similar but broader purpose (May 24, 1990, p. 12203); to a
bill prohibiting transportation of messages relative to dealing in
cotton futures, an amendment adding wheat, corn, etc. (VIII, 3001); to a
bill prohibiting cotton futures, an amendment prohibiting wheat futures
(VIII, 3001); to a bill for the relief of certain aliens, an amendment
for the relief of other persons who are not aliens (May 14, 1975, p.
14360); to a bill providing relief for agricultural producers, an
amendment extending such relief to commercial fishermen (also in the
jurisdiction of another committee) (Apr. 24, 1978, p. 11080); to a bill
governing the political activities of Federal civilian employees, an
amendment to cover members of the uniformed services (June 7, 1977, p.
17713); to a bill covering the civil service system for Federal civilian
employees, an amendment bringing other classes of employees (postal and
District of Columbia employees) within the scope of the bill (Sept. 7,
1978, pp. 28437-39; Oct. 9, 1985, pp. 26951-54); to a portion of an
appropriation bill containing funds for a certain purpose to be expended
by one agency, an amendment containing funds for another agency for the
same purpose (July 24, 1981, p. 17226); to an amendment exempting
national defense budget authority from the reach of a proposed
Presidential rescission authority, an amendment exempting social
security (Feb. 2, 1995, p. 5501); to a Senate amendment striking an
earmark from an appropriation bill, a House amendment reinserting part
of the amount but adding other earmarks for unrelated programs (Nov. 15,
1989, p. 29019); to a Senate amendment relating to a feasibility study
of a land transfer in one State, a House amendment requiring an
environmental study of land in another State (Nov. 15, 1989, p. 29035);
to a bill prohibiting certain uses of polygraphy in the private sector,
an amendment applying the terms of the bill to the Congress (Nov. 4,
1987, p. 30870); to a bill to determine the equitability of Federal pay
practices under statutory systems applicable to agencies of the
executive branch, an amendment to extend the scope of the determination
to pay practices in the legislative branch (ruling sustained by
Committee of Whole, Sept. 28, 1988, p. 26422); to a special
appropriation bill providing funds and authority for agricultural credit
programs but containing no transfers of funds, reappropriations, or
rescissions, an amendment (contained in a motion to recommit) deriving
funds for the bill by transfer of unobligated balances in the Energy
Security Reserve and thus decreasing and transferring funds provided for
a program unrelated to the subject matter or method of funding provided
in the bill (Feb. 28, 1985, p. 4146); to a bill prohibiting importation
of goods made in whole or in part by convict, pauper, or detained labor,
or made in whole or in part from materials that have been made in whole
or in part in any manner manipulated by convict or prison labor, an
amendment prohibiting importation of goods produced by child labor, a
second discrete class (VIII, 2963); similarly, to an amendment
authorizing grants to States for purchase of one class of equipment
(photographic and fingerprint equipment) for law enforcement purposes,
an amendment including
[[Page 732]]
assistance for the purchase of a different class of equipment
(bulletproof vests) (Oct. 12, 1979, pp. 28121-24); to a bill repealing
section 14(b) of the National Labor Relations Act and making conforming
changes in two related sections of labor law, all pertaining solely to
the so-called ``right-to-work'' issue, an amendment excluding from the
applicability of certain labor-management agreements members of
religious groups (July 28, 1965, p. 18633); to a bill relating to the
design of certain coin currency, an amendment specifying the metal
content of other coin currency (Sept. 12, 1973, p. 29376); to a
proposition to accomplish a single purpose without amending a certain
law, an amendment to accomplish another purpose by amending that law
(Dec. 14, 1973, pp. 41723-25); to a bill regulating poll closing time in
Presidential general elections, an amendment extending its provisions to
Presidential primary elections (Jan. 29, 1986, p. 684); to a bill
authorizing grants to private entities furnishing health care to
underserved populations, an amendment authorizing grants to States to
control a public health hazard (a different category of recipient) (Mar.
5, 1986, p. 3604); to a bill siting a certain type of repository for a
specified kind of nuclear waste, an amendment prohibiting the
construction at another site of another type of repository for another
kind of nuclear waste (July 21, 1992, p. 18718); to a bill addressing
violent crimes, an amendment addressing nonviolent crimes, such as
crimes of fraud and deception or crimes against the environment (May 7,
1996, pp. 10342, 10343); to a bill naming a facility after a specific
person, an amendment proposing to substitute the name of a different
person (VIII, 2955) where it could not be shown that the amendment
intended a return to the facility's existing designation (Feb. 4, 1998,
p. 792); to a joint resolution addressing whether public funds should be
available for specified endeavors of one group, an amendment addressing
the same question for unrelated endeavors of another group (Feb. 4,
1998, p. 819); to a bill proposing to alter responsibilities of
executive branch agencies under an existing law, an amendment proposing
to extend the application of that law to entities of the legislative
branch (Mar. 12, 1998, p. 3389); to a joint resolution proposing an
amendment to the Constitution authorizing Congress to prohibit physical
desecration of the flag, a motion to recommit with instructions
proposing an amendment to the Constitution requiring a balanced budget
(June 22, 2005, pp. 13539, 13540 (sustained by tabling of appeal)) or
requiring that Social Security receipts and outlays be counted as
receipts or outlays of the United States (June 22, 2005, pp. 13540,
13541 (sustained by tabling of appeal)); to a joint resolution proposing
an amendment to the Constitution to afford equal rights on the basis of
sex, an amendment to add ``race, creed, or color'' (Oct. 12, 1971, pp.
35813, 35814).

Sec. 936. One individual proposition not germane to
another.

One individual proposition may not be amended by another
individual proposition even though the two belong to the same class
(VIII, 2951-2953, 2963-2966, 3047; Jan. 29, 1986, p. 684; Oct. 22, 1990,
p. 32346; Oct. 24, 1991, p. 28561). Thus, the following are not germane:
to a bill proposing the admission of one territory into the Union, an
amendment for admission of another territory (V, 5529); to a bill
amending a law in one particular, amending the law in another particular
(VIII, 2949); to a proposition to appropriate or to authorize
appropriations for only one year (and containing no provisions extending
beyond that year), an amendment to extend the authorization or
appropriation to another year (VIII, 2913; Nov. 13, 1980, pp. 29523-28;
see also May 2, 1979, p. 9564; Oct. 12, 1979, pp. 28097-99; June 20,
2001, pp. 11233, 11234); to a measure continuing appropriations for the
current fiscal year for a specified period, an amendment proposed in a
motion to recommit making certain funds available beyond such time (Dec.
13, 2007, p. 34138 (sustained by tabling of appeal)); to a measure
earmarking funds in an appropriation bill, an amendment authorizing the
program for which the appropriation is made (Nov. 15, 1989, p. 29019);
to a bill for the relief of one individual, an amendment proposing
similar relief for another (V, 5826-5829); to a resolution providing a
special order for one bill, an amendment to include another bill (V,
5834-5836); to a provision for extermination of the cotton-boll weevil,
an amendment including the gypsy moth (V, 5832); to a provision for a
clerk for one committee, an amendment for a clerk to another committee
(V, 5833); to a Senate amendment dealing with use of its contingent fund
for art restoration in

[[Page 733]]
tory into the Union, an amendment providing for the admission of several
other territories (V, 5837); to a bill relating to all corporations
engaged in interstate commerce, an amendment relating to all
corporations (V, 5842); to a bill proscribing certain picketing in the
District of Columbia, an amendment making the provisions thereof
applicable throughout the United States (Aug. 22, 1966, p. 20113); to a
joint resolution proposing an amendment to the Constitution prohibiting
the United States or any State from denying persons 18 years of age or
older the right to vote, an amendment requiring the United States and
all States to treat persons 18 years and older as having reached the age
of majority for all purposes under the law (Mar. 23, 1971, p. 7567); to
a bill dealing with enforcement of United Nations sanctions against one
country in relation to a specific trade commodity, an amendment imposing
United States sanctions against all countries for all commodities and
communications (Mar. 14, 1977, p. 7446); to a bill to enable a
department to investigate and prosecute fraud and abuse in medicare and
medicaid health programs, an amendment to prohibit any officer or
employee from disclosing any identifiable medical record absent patient
approval (Sept. 23, 1977, pp. 30534-35); to an amendment to a budget
resolution changing one functional category only, an amendment changing
several other categories and covering an additional fiscal year (May 2,
1979, pp. 9556-64); to a bill authorizing funds for radio broadcasting
to Cuba, an amendment to include broadcasting to all dictatorships in
the Caribbean Basin (Aug. 10, 1982, p. 20256); to a bill relating to
aircraft altitude over units of the National Park System, an amendment
relating to aircraft collision avoidance generally (Sept. 18, 1986, p.
24084); to a proposition prohibiting the use of funds appropriated for a
fiscal year for a specified purpose, an amendment prohibiting the use of
funds appropriated for that or any prior fiscal year for an unrelated
purpose (June 30, 1987, p. 18294); to a proposition providing for a
training vessel for one state maritime academy, an amendment relating to
training vessels for all state maritime academies (June 30, 1987, p.
18296); to a proposition waiving a requirement in existing law that an
authorizing law be enacted before the obligation of certain funds, an
amendment affirmatively enacting bills containing not only that
authorization but also other policy matters (Sept. 28, 1988, p. 26108);
to a proposition pertaining only to a certain appropriation account in a
bill, an amendment relating not only to that account but also to funds
in other acts (Sept. 30, 1988, p. 27148); to a proposition raising an
employment ceiling for one year, an amendment addressing in permanent
law a hiring preference system for such employees (Oct. 11, 1989, p.
24089); to an omnibus farm bill with myriad programs to improve
agricultural economy, an amendment to the Animal Welfare Act not limited
to agricultural pursuits (Aug. 1, 1990, p. 21573); to a bill authorizing
Federal funding for qualifying State national service programs, an
amendment conditioning a portion of such funding on the enactment of
State laws immunizing volunteers in nonprofit or public programs,
generally, from certain legal liabilities (July 28, 1993, p. 17401); to
an amend
[[Page 734]]
ment addressing particular educational requirements imposed on
educational agencies by the underlying bill, an amendment addressing any
requirements imposed on educational agencies by the underlying bill
(Mar. 21, 1994, p. 5771); to a bill reauthorizing programs administered
by the Economic Development Administration and the Appalachian Regional
Commission, an amendment providing for the waiver of any Federal
regulation that would interfere with economic development (May 12, 1994,
p. 10024); to a bill prohibiting a certain class of abortion procedures,
an amendment prohibiting any or all abortion procedures (Mar. 20, 1997,
p. 4425); to a bill addressing one class of imported goods (those
produced by forced labor), an amendment addressing all imported goods
from a specified country (Nov. 5, 1997, p. 24643); to a bill confined to
a single national historic trail designation, a motion to recommit with
instructions extending to all trails addressed by the National Trails
System Act (July 10, 2008, pp. 14583, 14584).

Sec. 937. A general provision not germane to a specific
subject.

A specific subject may not be amended by a provision general in
nature, even when of the class of the specific subject (V, 5843-5846;
VIII, 2997, 2998; July 31, 1985, pp. 21832-34; see also Deschler-Brown,
ch. 28, Sec. 9). Thus the following are not germane: to a bill for the
admission of one terri

To a bill limited in its applicability to certain departments and
agencies of government, an amendment applicable to all departments and
agencies is not germane (Sept. 27, 1967, p. 26957). Thus, the following
are not germane: to a bill establishing an office without regulatory
authority in the Department of the Interior to manage biological
information, an amendment addressing requirements of compensation for
constitutional takings by other regulatory agencies (Oct. 26, 1993, p.
26076); to a bill amending an authority of an agency under an existing
law, an amendment independently expressing the sense of Congress on
regulatory agencies generally (May 14, 1992, p. 11287); to a proposition
authorizing activities of certain government agencies for a temporary
period, an amendment permanently changing existing law to cover a
broader range of government activities (May 5, 1988, p. 9938); and to a
joint resolution continuing funding within one executive department, an
amendment addressing funding for other departments as well as one
addressing the compensation of Federal employees on a government-wide
basis (Dec. 20, 1995, pp. 37886, 37888).
[[Page 735]]
bill amending an existing law in one particular, an amendment amending
other laws and more comprehensive in scope (Nov. 19, 1993, pp. 30513,
30515, 30517).
To a bill modifying an existing law as to one specific particular, an
amendment relating to the terms of the law other than those dealt with
by the bill is not germane (V, 5806-5808). Thus, the following are not
germane: to a bill amending the war-time prohibition act in one
particular, an amendment repealing that act (VIII, 2949); to a
proposition temporarily suspending certain requirements of the Clean Air
Act, an amendment temporarily suspending other requirements of all other
environmental protection laws (Dec. 14, 1973, p. 41751); to an amendment
striking from a bill one activity from those covered by the law being
amended, a substitute striking the entire subsection of the bill,
thereby eliminating the applicability of existing law to a number of
activities (Sept. 23, 1982, p. 24963); to a bill amending an existing
law to authorize a program, an amendment restricting authorizations
under that or any other act (Dec. 10, 1987, p. 34676); to a bill
proposing a temporary change in law, an amendment making permanent
changes in that law (Nov. 19, 1991, p. 32893); and to a
A bill dealing with an individual proposition but rendered general in
its scope by amendment is then subject to further amendment by
propositions of the same class (VIII, 3003). Although a specific
proposition covering a defined class may not be amended by a proposition
more general in scope, the Chair may consider all pending provisions
being read for amendment in determining the generality of the class
covered by that proposition (Jan. 30, 1986, p. 1051).

Sec. 938. Specific subjects germane to general propositions
of the class.

A general subject may be amended by specific propositions
of the same class (VIII, 3002, 3009, 3012; see also Deschler-Brown, ch.
28, Sec. 11). Thus, the following have been held to be germane: to a
bill admitting several territories into the Union, an amendment adding
another territory (V, 5838); to a bill providing for the construction of
buildings in each of two cities, an amendment providing for similar
buildings in several other cities (V, 5840); to a resolution embodying
two distinct phases of international relationship, an amendment
embodying a third (V, 5839); to an amendment prohibiting indirect
assistance to several countries, an amendment to include additional
countries within that prohibition (Aug. 3, 1978, p. 24244); to a portion
of a bill providing two categories of economic assistance to foreign
countries, an amendment adding a further specific category (Apr. 9,
1979, pp. 7755-57); to a bill bringing two new categories within the
coverage of existing law, an amendment to include a third category of
the same class (Nov. 27, 1967, p. 33769); to a proposition providing for
prepayment of loans by those within a certain class of borrowers who
meet a specified criterion, a proposed House amendment eliminating the
criterion to broaden the applicability of the Senate amendment to
additional borrowers within the same class (June 30, 1987, p. 18308); to
an amendment addressing a range of criminal prohibitions, an amendment
addressing another criminal prohibition within that range (Oct. 17,
1991, p. 26767); to a bill addressing violent crimes, an amendment
addressing violent crimes involving the environment (May 7, 1996, p.
10344).

[[Page 736]]
definitions of several of the terms used therein, an amendment modifying
one of the definitions and adding another (Sept. 26, 1967, p. 26878); to
a bill authorizing a broad program of research and development, an
amendment directing specific emphasis in the administration of the
program (Dec. 19, 1973, p. 42607); to a bill providing for investigation
of relationships between environmental pollution and cancer, an
amendment to investigate the impact of personal health habits, such as
cigarette smoking, on that relationship (Sept. 15, 1976, pp. 30496-98);
to a supplemental appropriation bill containing funds for several
departments and agencies, an amendment in the form of a new chapter
providing funds for capital outlays for subway construction in the
District of Columbia (May 11, 1971, p. 14437); to a proposal authorizing
military procurement, including purchase of food supplies, an amendment
authorizing establishment that fiscal year of a military preparedness
grain reserve (July 20, 1982, pp. 17073, 17074, 17092, 17093).
Where a bill seeks to accomplish a general purpose (support of arts
and humanities) by diverse methods, an amendment that adds a specific
method to accomplish that result (artist employment through the National
Endowment for the Arts) may be germane (Apr. 26, 1976, p. 11101; see
also June 12, 1979, p. 14460). However, to a resolution authorizing a
class of employees in the service of the House, an amendment providing
for the employment of a specified individual was held not to be germane
(V, 5848-5849). Other examples of amendments that have been held to be
germane under this theory include: to a proposition relating in many
diverse respects to the political rights of the people of the District
of Columbia, an amendment conferring upon that electorate the additional
right of electing a nonvoting Delegate to the Senate (Oct. 10, 1973, p.
33656); to a bill containing
[[Page 737]]
in order (Sept. 29, 1969, pp. 27341-43). Thus where a bill authorized
appropriations to an agency for one year but did not amend the organic
law by extending the existence of that agency, an amendment extending
the life of another entity mentioned in the organic law was held not
germane (May 20, 1976, p. 14912). An amendment making permanent changes
in the law relating to organization of an agency is not germane to a
title of a bill only authorizing appropriations for such agency for one
fiscal year (Nov. 29, 1979, p. 34090). To a general appropriation bill
providing funds for one fiscal year, an amendment changing a permanent
appropriation in existing law and changing congressional procedures for
consideration of that general appropriation bill in future years is more
general in scope (and in part within the jurisdiction of the Committee
on Rules) and therefore is not germane (June 29, 1987, p. 18083); and to
a temporary authorization bill prescribing the use of an agency's funds
for two years but not amending permanent law, an amendment permanently
changing the organic law governing that agency's operations is not
germane (Dec. 2, 1982, p. 28537, concerning Sept. 28, 1982, p. 25465;
Feb. 13, 2008, pp. 2115, 2116 (sustained by tabling of appeal)).
However, to a bill authorizing appropriations for a department for one
fiscal year, where the effect of the department's activities pursuant to
that authorization may extend beyond such year, an amendment directing a
specific use of those funds to perform an activity that may not be
completed within the fiscal year was nevertheless germane, because
limited to funds in the bill (Oct. 18, 1979, p. 28763). Similarly, to a
one-year authorization bill containing diverse limitations and
directions to the agency in question during such year, an amendment
further directing the agency to obtain information from the private
sector, and to make such information public during such year, was held
germane (Oct. 18, 1979, pp. 28815-17). Although an amendment making a
permanent change in existing law has been held not germane to a bill
proposing a temporary change in that law, if it is apparent that the
fundamental purpose of the amendment is to have only temporary effect
and to accomplish the same result as the bill, it may be germane. Thus
to a bill providing a temporary extension of existing authority, an
amendment achieving the same purpose by providing a nominally permanent
authority was held germane where both the bill and the amendment were
based on reported economic projections under which either would achieve
the same, necessarily temporary result by method of direct or indirect
amendment to the same existing law (May 13, 1987, p. 12344). However, to
a proposal continuing the availability of appropriated funds and
imposing diverse legislative conditions upon the availability of
appropriations, an amendment directly and permanently changing existing
law as to the eligibility of recipients of funds was held to be
nongermane (Dec. 10, 1981, pp. 30536-38). To a bill extending an
existing law in modified form, an amendment proposing further
modification of that law may be germane (Apr. 23, 1969, p. 10067; Feb.
19, 1975, p. 3596). But to a bill amending a law in one particular, an
amendment repealing the law is not germane (Jan. 14, 1964,
[[Page 738]]
p. 423). To a bill amending a general law in several particulars, an
amendment providing for the repeal of the whole law may be germane (V,
5824), but the bill amending the law must so vitally affect the whole
law as to bring the entire act under consideration before the Chair will
hold an amendment repealing the law or amending any section of the law
germane to the bill (VIII, 2944; Apr. 2, 1924, p. 5437). If a bill
repeals a provision of law, an amendment modifying that provision rather
than repealing it may be germane (Oct. 30, 1969, p. 32466); but the
modification must relate to the provision of law being repealed (July
28, 1965, p. 18636). Generally to a bill amending one law, an amendment
changing the provisions of another law or prohibiting assistance under
any other law is not germane (May 11, 1976, p. 13419; Aug. 12, 1992, p.
23238). To a bill amending the Bretton Woods Act in relation to the
International Monetary Fund, an amendment prohibiting the alienation of
gold to the IMF or to any other international organization or its agents
was held not germane (July 27, 1976, p. 24040). However, to a bill
comprehensively amending several laws within the same class, an
amendment further amending one of those laws on a subject within that
class is germane (May 12, 1976, p. 13530); and to a bill authorizing
funding for the intelligence community for one fiscal year and making
diverse changes in permanent laws relating thereto, an amendment
changing another permanent law to address accountability for
intelligence activities was held germane (Oct. 17, 1990, p. 30171). To a
title of a bill dealing with a number of unrelated authorities of the
Secretary of Agriculture, an amendment amending another act within the
jurisdiction of the Committee on Agriculture to require the adoption of
a minimum standard for the contents of ice cream was held germane,
because it was restricted to the authority of the Secretary of
Agriculture (July 22, 1977, pp. 24558-70). But to a section of a bill
amending a section of the National Labor Relations Act dealing with
procedural rules governing labor elections and organizations, an
amendment changing the same section of law to require promulgation of
rules defining certain conduct as an unfair labor practice was held not
germane, where neither the pending section nor the bill itself addressed
the subject of unfair labor practices dealt with in another section of
the law (Oct. 5, 1977, p. 32507). To a bill narrowly amending one
subsection of existing law dealing with one specific criminal activity,
an amendment postponing the effective date of the entire section,
affecting other criminal provisions and classes of persons as well as
the one amended by the bill, or an amendment to another subsection of
the law dealing with a related but separate prohibition, was held not
germane (May 16, 1979, pp. 11470-72), but to an amendment adding sundry
punitive sections to the Federal criminal code, an amendment creating an
exception to the prohibition of another such section was held germane
(Oct. 17, 1991, p. 26767).
[[Page 739]]

Sec. 939. Amendments to bills amending existing law.

To a
bill amending a general law on a specific point an amendment relating to
the terms of the law rather than to those of the bill was ruled not to
be germane (V, 5808; VIII, 2707, 2708). Thus a bill amending several
sections of one title of the United States Code does not necessarily
bring the entire title under consideration so as to permit an amendment
to any portion thereof (Oct. 11, 1967, p. 28649), and if a bill amends
existing law in one narrow particular, an amendment proposing to modify
such existing law in other particulars will generally be ruled out as
not germane (Aug. 16, 1967, p. 22768; VIII, 2709, 2839, 3013, 3031; May
12, 1976, p. 13532). To a bill narrowly amending an anti-discrimination
provision in the Education Amendments of 1972 only to clarify the
definition of a discriminating entity subject to denial of Federal
funding, amendments re-defining a class of discrimination (sex),
expanding the definition of persons who are the subject of
discrimination (to include the unborn), and deeming a new entity
(Congress) to be a recipient of Federal assistance (a class not
necessarily included in the class covered by the bill), were ruled not
to be germane (June 26, 1984, pp. 18847, 18857, 18861). But to the same
bill, an amendment merely defining a word used in the bill was held
germane (June 26, 1984, p. 18865). Unless a bill so extensively amends
existing law as to open up the entire law to amendment, the germaneness
of an amendment to the bill depends on its relationship to the subject
of the bill and not to the entire law being amended (Oct. 28, 1975, p.
34031). But a bill amending several sections of an existing law may be
sufficiently broad to permit amendments to other sections of that law
not mentioned in the bill (Feb. 19, 1975, p. 3596; Sept. 14, 1978, p.
29487). To a bill continuing and re-enacting an existing law, amendments
germane to the existing act sought to be continued have been held
germane to the pending bill (VIII, 2940, 2941, 2950, 3028; Oct. 31,
1963, p. 20728; June 1, 1976, p. 16045); but if a bill merely extends an
official's authority under existing law, an amendment permanently
amending that law has been held not

[[Page 740]]
as a contingency that sought to compel the furnishing of information
related to efforts to induce defense assistance to that nation (Aug. 2,
1978, p. 23932); to a provision authorizing funds for a fiscal year, an
amendment restricting the availability of funds appropriated pursuant
thereto for a specified purpose until enactment of a subsequent law
authorizing that purpose (July 21, 1983, p. 20198); to a bill
authorizing humanitarian and evacuation assistance to war refugees, an
amendment making such authorization contingent on a report to Congress
on costs of a portion of the evacuation program (but not requiring
implementation of any new program) (Apr. 23, 1975, p. 11529); and to an
amendment precluding the availability of an authorization for part of a
fiscal year and then permitting availability for the remainder of the
year based upon a contingency, an amendment constituting a prohibition
on the availability of the same funds for the entire fiscal year (May
16, 1984, p. 12567).

Restrictions, qualifications, and limitations
sought to be added by way of amendment must be germane to the provisions
of the bill. Conditioning the availability of funds may be germane if
the condition is related to the general purpose and within the scope of
the pending proposition (Deschler-Brown, ch. 28, Sec. Sec. 29-34). Thus,
the following are germane: to a bill authorizing the funding of a
variety of programs that satisfy several stated requirements in order to
accomplish a general purpose, an amendment conditioning the availability
of those funds upon implementation by their recipients of another
program related to that general purpose (June 18, 1973, p. 20100); to a
bill authorizing funds for military procurement and construction, an
amendment declaring that none of the funds be used to carry out military
operations in North Vietnam (Mar. 2, 1967, p. 5143); to a proposition
reducing the line-item authorization for certain missiles and
prohibiting procurement of certain other missiles, an amendment
proposing a conditional restriction on the availability of funds for
such procurement that merely requires observation of activities of
another country, which activities already constitute the policy basis
for the funding of that governmental activity (missile procurement) (May
16, 1984, p. 12510); to a bill authorizing federal funding of certain
qualifying state programs, an amendment restricting the payment of
Federal funds in a bill to States that enact certain laws relating to
the activities being funded (July 28, 1993, p. 17403); to an
authorization bill, an amendment that conditions the availability of
such funds by adopting as a measure of their availability the
expenditure during the fiscal year of a comparable percentage of funds
authorized by other acts as long as the amendment does not directly
affect the use of other funds (July 26, 1973, p. 26210); to a bill
authorizing certain housing programs, an amendment restricting the
amounts of direct spending in the bill to the levels set in the
concurrent resolution on the budget as merely a measure of availability
of funds in the bill and not a provision directly affecting the
congressional budget process (June 11, 1987, p. 15540); to a proposition
restricting the availability of funds to a certain category of
recipients, an amendment further restricting the availability of funds
to a subcategory of the same recipients (Sept. 25, 1979, pp. 26135-43);
to a bill authorizing appropriations for an agency, an amendment
prohibiting the use of funds for any purpose to which the funds may
otherwise be applied (Nov. 5, 1981, p. 26716); an amendment that
conditions the availability of funds covered by a bill by adopting as a
measure of their availability the monthly increases in the public debt
(as long as the amendment does not directly affect other provisions of
law or impose contingencies textually predicated upon other unrelated
actions of Congress) (Sept. 25, 1979, pp. 26150-52); to a bill
authorizing defense assistance to a foreign nation, an amendment
delaying the availability of that assistance until that nation's former
ambassador testified before a House committee, which had been directed
by the House to investigate gifts by that nation's representatives to
influence Members and employees,

[[Page 741]]
verification not otherwise applicable to them (and within the
jurisdiction of other committees) (Mar. 7, 2007, pp. 5618, 5619).
On the other hand, the following conditions on the availability of
funds are not germane: an amendment conditioning the use of funds on the
conduct of congressional hearings addressing an unrelated subject (July
22, 1994, p. 17613); to a proposition conditioning the availability of
funds upon the enactment of an authorizing statute for the enforcing
agency, a substitute conditioning the availability of some of those
funds upon a prohibition of certain imports into the United States (Nov.
7, 1985, p. 30984); to a bill authorizing funds for military assistance
to certain foreign countries, an amendment to make the availability of
those funds contingent upon efforts by those countries to control
narcotic traffic to the United States, and to authorize the President to
offer the assistance of Federal agencies for that purpose, where the
subjects of narcotics and the accessibility of Federal agencies are not
contained in the bill (June 17, 1971, p. 20589); to a bill authorizing
funds for foreign assistance, an amendment placing restrictions on funds
authorized or appropriated in prior years (Aug. 24, 1967, p. 24002); to
an amendment changing a dollar amount in a bill, a substitute therefor
not only changing the figure but also restricting the use of any funds
in furtherance of a certain activity (June 7, 1972, p. 19920); to a
proposal to restrict availability of agency funds for a year and
amending the organic law as it relates to the internal functions
thereof, an amendment further restricting funding but also applying with
respect to the use of funds in the bill provisions of criminal and other
laws not applicable thereto (Oct. 26, 1989, p. 26269); to a provision
prohibiting aid to a certain country unless certain conditions were met,
an amendment prohibiting aid to another country until that nation took
certain acts, and referring to funds provided in other acts (Nov. 17,
1967, p. 32968); and an amendment conditioning the availability of
defense funds to foreign contractors based upon their compliance with
Federal law regarding discrimination not otherwise applicable to them
(and within the jurisdiction of other committees) (June 16, 1983, p.
16060); an amendment conditioning the availability of grants to states
and localities based upon their compliance with Federal immigration law
regarding employment eligibility
An amendment to a general appropriation bill in the form of a
limitation on funds therein for activities unrelated to the functions of
departments and agencies addressed by the bill is not germane (July 10,
2000, p. 13605).
An amendment delaying the availability of authorizations pending
unrelated determinations involving agencies and committee jurisdictions
not within the purview of the bill is also not germane (Feb. 7, 1973, p.
3708; July 8, 1981, p. 15010; July 9, 1981, p. 15218). Thus, the
following are not germane: to a bill authorizing military assistance to
Israel and funds for a U.N. emergency force in the Middle East, an
amendment postponing the availability of funds to Israel until the
President certifies the existence of a designated level of domestic
energy supplies (Dec. 11, 1973, p. 40837); an amendment delaying the
availability of an appropriation pending the enactment of certain
revenue legislation (Oct. 25, 1979, p. 29639); to a bill authorizing
radio broadcasting to Cuba, an amendment prohibiting the use of those
funds until Congress has considered a constitutional amendment mandating
a balanced budget (Aug. 10, 1982, p. 20250).
Similarly, although it may be in order on a general appropriation bill
to delay the availability of certain funds therein if the contingency
does not impose new duties on executive officials, the contingency must
be related to the funds being withheld and cannot affect other funds in
the bill not related to that factual situation (VII, 1596, 1600), may
not be made applicable to a trust fund provided (IV, 4017), and may not
be made applicable to money appropriated in other acts (IV, 3927; VII,
1495, 1597-1599). Thus, to a general appropriation bill containing funds
not only for a former President but also for other departments and
agencies, an amendment delaying the availability of all funds in the
bill until the former President has made restitution of a designated
amount of money is not germane (Oct. 2, 1974, p. 33620). On the other
hand, to a general appropriation bill providing funds for the Department
of Agriculture and including specific allocation of funds for pest
control, an amendment was germane that prohibited the use of funds for
use of pesticides prohibited by State or local law (May 26, 1969, p.
13753).
[[Page 742]]
a soldier's compensation act shall have been enacted (VIII, 3035); and
to a bill naming an airport, an amendment conditioning the naming on
approval by an entity without jurisdiction over the administration of
the airport (Feb. 4, 1998, p. 794). On the other hand, the following are
germane: an amendment delaying operation of a proposed enactment pending
an ascertainment of a fact when the fact to be ascertained relates to
the subject matter of the bill (VIII, 3029; Dec. 15, 1982, pp. 30957-
61); an amendment postponing the effective date of a title of a bill to
a date certain (July 25, 1973, p. 25828); to a provision to become
effective immediately, an amendment deferring the time at which it shall
become effective, without involving affirmative legislation (VIII,
3030).
It is not in order to amend a bill to delay the effectiveness of the
legislation pending an unrelated contingency (VIII, 3035, 3037). Thus
the following are not germane: an amendment delaying the bill's
effectiveness pending unrelated determinations involving agencies and
committee jurisdictions not within the purview of the bill (Feb. 7,
1973, p. 3708; July 8, 1981, p. 15010; July 9, 1981, p. 15218); an
amendment delaying the bill's effectiveness pending enactment of
unrelated State legislation (June 29, 1967, p. 17921; July 28, 1993, p.
17401); an amendment conditioning authorization for one agency (National
Science Foundation) on appropriations for another (National Aeronautics
and Space Administration) (May 2, 2007, pp. 11093-95); to a bill
proposing relief for women and children in Germany, an amendment
delaying the effectiveness of such relief until
Where a proposition confers broad discretionary power on an executive
official, an amendment is germane that directs that official to take
certain actions in the exercise of the authority or proposes to limit
such authority (VIII, 3022). Thus the following are germane: to an
amendment in the nature of a substitute authorizing the Federal Energy
Administrator to restrict exports of certain energy resources, an
amendment directing that official to prohibit the exportation of
petroleum products for use in Indochina military operations (Dec. 14,
1973, p. 41753); to a provision conferring Presidential authority to
establish priorities among users of petroleum products and requiring
priority to education and transportation users, an amendment restricting
such regulatory authority by requiring that petroleum products allocated
for public school transportation be used only between the student's home
and the closest school (Dec. 13, 1973, pp. 41267-69); to a bill
extending the authorities of one government agency, including
requirements for consultation with several other agencies, an amendment
requiring that agency to perform a function based upon an analysis
furnished by yet another agency, as an additional limitation on the
authority of the agency being extended that did not separately mandate
the performance of an unrelated function by another entity (July 27,
1978, p. 23107); to a proposition authorizing a program to be
undertaken, a substitute providing for a study to determine the
feasibility of undertaking the same type of program, as a more limited
approach involving the same agency (June 26, 1985, pp. 17453, 17458,
17460) (in effect overruling VIII, 2989); and to a bill limiting an
official's authority to construe legal authorities transferred to the
official in the bill, an amendment further restricting such official's
authority to construe under any circumstances certain other laws to be
administered by that official (as an additional, although more
restrictive, curtailment of existing authorities transferred by the
bill) (June 11, 1979, pp. 14226-38).
[[Page 743]]
House is germane (May 4, 1976, p. 12348); and to a bill directing the
furnishing of certain intelligence information to the House without
amending any House procedure, an amendment imposing relevant conditions
of security on the handling of such information in committee (also
without amending any House procedure) for the period covered by the bill
is also germane (June 11, 1991, p. 14204).
An amendment providing a privileged procedure for expedited review of
an agency's regulations is not germane if the bill does not contain such
procedures (Aug. 13, 1982, pp. 20969, 20975-78). On the other hand, to a
bill authorizing an agency to undertake certain activities, an amendment
allowing Congress to disapprove regulations issued pursuant thereto if
the disapproval mechanism does not amend the rules or procedures of the
It is germane to condition or restrict assistance to a particular
class of recipient covered by the underlying measure. Thus, the
following are germane: to a bill providing aid to shipping, an amendment
to limit such aid to ships equipped with saving devices (VIII, 3027); to
a bill authorizing the insurance of vessels, an amendment denying such
insurance to vessels charging exorbitant rates (VIII, 3023); to a
proposition denying benefits to recipients failing to meet a certain
qualification, a substitute denying the same benefits to some recipients
but excepting others (July 28, 1982, pp. 18355-58, 18361). Although a
bill relating to benefits based on indemnification of liability arising
out of an activity does not ordinarily admit as germane amendments
relating to regulation of that activity, an amendment conditioning
benefits upon agreement by its recipient to be governed by certain
safety regulations may be germane if related to the activity giving rise
to the liability (July 29, 1987, p. 21448). On the other hand, it is not
germane to condition or restrict assistance to a particular class of
recipient upon an unrelated contingency such as action or inaction by
another class of recipient or agent not covered by the bill (Mar. 5,
1986, p. 3613).
To a bill not only granting consent of Congress to an interstate
compact but also imposing conditions on the granting of that consent, an
amendment stating an additional related condition to that consent and
not directly changing the compact may be germane (Oct. 7, 1997, p.
21475). To a bill regulating immigration, an amendment providing that
the operation of the act should not conflict with an agreement with
Japan is not germane (VIII, 3050).
[[Page 744]]
under the bill (Nov. 2, 1983, pp. 30546, 30547). Similarly, the
following are germane: to a bill providing for the deportation of
aliens, an amendment to exempt a portion of such aliens from deportation
(VIII, 3029); to a bill prohibiting the issuance of injunctions by the
courts in labor disputes, an amendment to except labor disputes
affecting public utilities (VIII, 3024).
Readings
Amendments providing exceptions or exemptions must also be within the
scope of the proposition. Thus, to a bill requiring that a certain
percentage of autos sold in the United States be manufactured
domestically, and imposing an import restriction on autos for persons
violating that requirement, an amendment waiving those restrictions with
respect to a foreign nation where the President has issued a
proclamation that that nation is not imposing unfair import restrictions
on any United States product was held not germane, because it dealt with
overall trade issues rather than domestic content requirement for autos
sold in the United States (Nov. 2, 1983, p. 30542). However, an
amendment to the same bill prohibiting its implementation if resulting
in the violation of an international agreement was held germane because
the bill already comprehensively addressed those subject matters by
disclaiming any purpose to amend international agreements or to confer
court jurisdiction relative thereto and by conferring court jurisdiction
over adjudication of penalties assessed

941. Reading, engrossment, and passage of bills.

8. Bills
and joint resolutions are subject to readings as follows:

(a) A first reading is in full when the bill or joint resolution
is first considered.
(b) A second reading occurs only when the bill or joint resolution
is read for amendment in a Committee of the Whole House on the state of
the Union under clause 5 of rule XVIII.
(c) A third reading precedes passage when the Speaker states the
question: ``Shall the bill [or joint resolution] be engrossed [when
applicable] and read a third time?'' If that question is decided in the
affirmative, then the bill or joint resolution shall be read the final
time by title and then the question shall be put on its passage.
This provision (formerly clause 1 of rule XXI) was adopted in 1789,
amended in 1794, 1880 (IV, 3391), and on Jan. 4, 1965 (H. Res. 8, 89th
Cong., p. 21). This latest amendment eliminated the provision that
permitted a Member to demand the reading in full of the engrossed copy
of a House bill. Before the House recodified its rules in the 106th
Congress, this provision was found in former clause 1 of rule XXI. The
recodification also clarified paragraphs (a) and (b) to reflect the
modern practice of first and second readings (H. Res. 5, Jan. 6, 1999,
p. 47).
[[Page 745]]
But the titles of all bills introduced are printed in the Journal and
Record, thereby carrying out the real purpose of the rule.

Sec. 942. First and second readings.

Formerly a bill was
read for the first time by title at the time of its introduction, but
since 1890 all bills have been introduced by filing them with the Clerk,
thus rendering a reading by title impossible at that time (IV, 3391).

Under paragraph (a), the first reading of a bill is in full and occurs
when a bill is called up in the House (IV, 3391), although when called
up pursuant to a unanimous-consent request, it is reported by title only
(Dec. 18, 2005, p. 30269). The initial step of consideration in the
Committee of the Whole is sometimes referred to as the ``first
reading.'' Under clause 5 of rule XVIII that reading is in full and
occurs before general debate commences. However, it customarily is
dispensed with by unanimous consent or special rule, although a motion
to dispense with the first reading is not in order (VIII, 2335, 2436).
The Speaker may object to a request for unanimous consent to dispense
with the first reading (IV, 3390; VII, 1054).
Under paragraph (b), the second reading of a bill comprises its
reading for amendment in the Committee of the Whole (Apr. 28, 1977, p.
12635).

Sec. 943. The third reading after
engrossment.

The right to demand the reading in full of the engrossed copy of a
bill formerly guaranteed by the rule existed immediately after it had
been ordered to be engrossed and before it had been read a third time by
title (IV, 3400, 3403, 3404; VII, 1061); and before the yeas and nays
had been ordered on passage (IV, 3402). The right to demand the reading
in full caused the bill to be laid aside until engrossed even though the
previous question had been ordered (IV, 3395-3399; VII, 1062). A
privileged motion may not intervene before the third reading (IV, 3405),
and the question on engrossment and third reading is not subject to a
demand for division of the question (Aug. 3, 1989, p. 18544). A vote on
passage must first be reconsidered to remedy the omission to read a bill
a third time (IV, 3406). Senate bills are not engrossed in the House;
but are ordered to a third reading. The demand for the reading of the
engrossed copy of a Senate bill cannot be made in the House (VIII,
2426).

Sec. 944. Voting on bills.

A bill in the House (as
distinguished from the Committee of the Whole) is amended pending the
engrossment and third reading (V, 5781; VI, 1051, 1052). The question on
engrossment and third reading being decided in the negative the bill is
rejected (IV, 3420, 3421). A bill must be considered and voted on by
itself (IV, 3408). If the two Houses pass similar but distinct bills on
the same subject it is necessary that one or the other House act again
on the subject (IV, 3386). The requirement of a two-thirds vote for
proposed constitutional amendments has been construed in the later
practice to apply only to the vote on the final passage (V, 7029, 7030;
VIII, 3504). A bill having been rejected by the House, consideration of
a similar but not identical bill on the same subject was afterwards held
to be in order (IV, 3384).